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by Rebecca Domm, Legal Researcher at Regology
Legislative Trends
Since the beginning of 2024, we have been reporting on the legislative activity concerning artificial intelligence (AI) at both state and federal levels. In this update, we present our first-quarter (Q1) report for 2024, in which we have identified a total of 371 AI-related bills.
A detailed breakdown as of March 31, 2024, shows that 297 of these 371 bills have not progressed beyond their original legislative chamber, while 43 have successfully advanced. Furthermore, 8 bills have passed through both legislative chambers, 3 are currently awaiting gubernatorial approval, and 20 have been enacted into law. The accompanying graphic illustrates the distribution of these bills, categorized by the month of their introduction.
The legislative landscape in March witnessed a concerted effort by both state and federal authorities to address the societal impacts of artificial intelligence. Notably, Utah enacted comprehensive legislation that encompasses various aspects of AI usage, including rules governing generative AI, the establishment of an AI policy office, and amendments to consumer protection laws encompassing synthetic data and media.
Recent developments in Tennessee highlight efforts to protect individual rights amid AI advancements. The Ensuring Likeness Voice and Image Security (Elvis) Act strengthens personal rights protection, introducing 'voice' as a safeguarded right with legal actions for unauthorized use and exclusive service contracts for artists. These measures enhance the legal framework for protecting individuals' voice and image rights in the digital age.
Federally, there is an emphasis on fairness, transparency, and privacy in AI use within government agencies, along with mandates for consumer consent regarding data used in AI training. Various bills target specific AI applications at the IRS, in employment decisions, and in political advertisements. States like Rhode Island and New Jersey are addressing impact assessments and bias auditing for high-risk AI systems and automated employment tools. Election integrity efforts, including a focus on deceptive synthetic media and deep fakes, are underway.
This year’s presidential election will be the first since generative AI gained significant attention, leading to legislative actions in several states in response to emerging public safety concerns. Public safety concerns are prompting law enforcement training on AI-related crimes.
Additionally, oversight agencies are being established to ensure ethical AI use, and consumer protection measures aim to regulate conversational AI with clear disclaimers of its non-human nature. These legislative actions collectively demonstrate a comprehensive approach to managing AI integration while safeguarding societal interests.
This report will highlight several bills across the various categories of legislation addressing AI.
Highlights of Enacted State Laws
Utah’s Comprehensive AI Bill Utah's SB 149, Signed into law: Imposes rules on companies using generative AI, including disclosure requirements and accountability for AI-generated actions. It establishes the Office of Artificial Intelligence Policy and amends consumer protection laws to include synthetic data.
Ensuring Likeness Voice and Image Security (Elvis) Act: Tennessee SB 2096, Signed into law: Strengthens personal rights protection in Tennessee by adding 'voice' as a safeguarded right, defining non-use criteria, and outlining legal actions for unauthorized use, including exclusive service contracts for artists.
Key Bills Introduced at the Federal Level
AI Regulation in Federal Agencies Federal HR 7532 (03/07/2024) Ordered to be Reported in the Nature of a Substitute: Aims to regulate AI use in Federal Government agencies, ensuring it aligns with laws and values. It emphasizes fairness, transparency, and privacy protection, requiring agencies to establish AI governance charters, maintain public inventories, and undergo evaluations for responsible AI management.
Consumer Consent for AI Data Use Federal SB 3975 (03/19/2024) Introduced: A bill to require companies to receive consent from consumers to have their data used to train an artificial intelligence system.
Limiting AI Use at IRS Federal HR 7694 (03/15/2024) Referred to the House Committee on Ways and Means: Amends the Internal Revenue Code of 1986 to limit the use of artificial intelligence at the Internal Revenue Service and to require tax investigations and examinations of taxpayers to be initiated by staff investigators.
No Robot Bosses Act Federal 118 HR 7621 (03/12/2024) Referred to the Committee on Education and the Workforce: Prohibits certain uses of automated decision systems by employers.
AI Transparency in Elections Federal 118 SB 3875 (03/06/2024) Read twice and referred to the Committee on Rules and Administration: Aims to provide further transparency for the use of content generated by artificial intelligence in political advertisements.
Federal Mandate for AI Utilization in Extreme Weather Adaptation 118 SB 3888 (03/06/2024) Referred to the Committee on Commerce, Science, and Transportation: Mandates federal agencies to utilize AI for extreme weather adaptation, focusing on forecasts, grid resilience, resource allocation, and partnerships.
Initiatives for Fair Algorithmic Practices
Prohibition of AI in Residential Rent Pricing Rhode Island SB 2892 (03/22/2024) Introduced: Prohibits using algorithms or artificial intelligence to set residential rent prices, prevents landlords from coordinating rental rates, and outlines penalties for violations, including civil actions and damages.
Bills on Fairness in Automated Recruitment
High-Risk AI Systems Regulation Rhode Island SB 2888 (03/22/2024) Introduced: Requires companies that develop or deploy high-risk artificial intelligence (AI) systems to conduct impact assessments and adopt risk management programs.
Bias Auditing of Automated Employment Decision Tools New Jersey SB 2964 (03/18/2024) Introduced: Establishes standards for independent bias auditing of automated employment decision tools (AEDTs) used by employers and employment agencies
Recent Election Legislation
Prohibition of Deceptive Synthetic Media Before Elections Connecticut HB 5450 (03/25/2024) Filed with Legislative Commissioners' Office (LCO): Prohibits the distribution of deceptive synthetic media during the ninety-day period preceding an election or primary.
Study on AI Use in Political Campaign Nebraska LR 412 (03/26/2024) Introduced- Study to examine possible changes to state law regarding the use of artificial intelligence (AI) in political campaigns.
Bills introduced on Strengthening Public Safety
Training Law Enforcement Leadership Hawaii HCR 65 (03/01/2024) Introduced: Urges the leadership of the Department of Law Enforcement in the State of Hawaii to periodically undergo training on crimes relating to artificial intelligence technology.
Bills Creating New State Commissions
Artificial Intelligence Ethics Commission New York SB 8755 (03/07/2024) Introduced: Establishes the New York Artificial Intelligence Ethics Commission as a regulatory body to ensure the ethical use of artificial intelligence (AI) within New York state agencies and private entities operating within the state.
Consumer Protection Bills
Regulation of Conversational AI Wisconsin AB1158 (03/22/2024) Read the first time and referred to Committee on Consumer Protection Assembly: Regulates the use of conversational AI by requiring a clear disclaimer stating it's not human.