AI Governance Survey
Introduction text
| Relevant State/Law | Pending | Enacted | Requirement |
| California (AB 302 Department of Technology: Automated Decision Systems) | Pending as of 07/06/2023
Hearing 08/14/2023 |
N/A | Requires the Department of Technology, in coordination with other interagency bodies, to conduct, on or before September 1, 2024, 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. On or before January 1, 2025, and annually thereafter, the bill would require the department to submit a report of the above-described comprehensive inventory to specified committees of the Legislature. |
| California (AB 331 Automated Decision Tools) | Pending as of 04/19/2023 | N/A | Requires a deployer and a developer of an automated decision tool to perform an impact assessment for any automated decision tool the deployer uses that includes a statement of the purpose of the automated decision tool and its intended benefits, uses, and deployment contexts. Requires a deployer or developer to provide the impact assessment to the Civil Rights Department. Authorizes a person to bring a civil action against a deployer or developer for a violation. |
| California (SB 313 Department of Technology: Artificial Intelligence) | Pending as of 05/18/2023 | N/A | Requires any state agency that uses 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. |
| California (SB 398 Department of Justice: Advanced Technology Research) | Pending as of 04/18/2023 | N/A | This bill, the Government Services Advanced Technology Act, Artificial Intelligence for California Research Act, would require the Department of Justice, 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. The bill would require the research plan to include, among other things, an analysis of the potential benefits and risks of using artificial intelligence technology to assist disaster victims in finding and applying for disaster relief funds and to assist individuals in determining their eligibility for various public benefits programs. in government services, as specified. The bill would require the department, on or before January 1, 2026, to provide a report to the Legislature on the findings of its research. |
| California (SB 721 California Interagency AI Working Group) | Pending as of 06/01/2023 | N/A | This bill would, until January 1, 2030, create 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. |
| California (SCR 17 Artificial Intelligence) | Pending as of 06/28/2023 | N/A | This measure would affirm the California Legislature’s commitment to President Biden’s vision for a safe AI and the principles outlined in the “Blueprint for an AI Bill of Rights” and would express the Legislature’s commitment to examining and implementing those principles in its legislation and policies related to the use and deployment of automated systems. |
| Connecticut (Connecticut Privacy Act (CTPA) | Effective 07/01/2023 | ||
| Connecticut (SB 1103 Artificial Intelligence Automated Decision) | Enacted 06/07/2023 | To: (1) Establish an Office of Artificial Intelligence; (2) exempt air carriers from certain provisions concerning data privacy; (3) provide that a controller shall not process the personal data of a consumer for purposes of targeted advertising, or sell the consumer’s personal data without the consumer’s consent, under circumstances where a controller has actual knowledge, or wilfully disregards, that the consumer is at least thirteen years of age but younger than sixteen years of age; and (4) establish a task force to (A) study artificial intelligence, and (B) develop an artificial intelligence bill of rights. | |
| Colorado (Colorado Privacy Act) | Enacted 07/01/2023 | ||
| District of Columbia (B 114 Stop Discrimination by Algorithms Act of 2023) | Pending as of 02/10/2023 | Prohibits users of algorithmic decision making from utilizing algorithmic eligibility determinations in a discriminatory manner, requires corresponding notices to individuals whose personal information is used, provides for appropriate means of civil enforcement. | |
| Hawaii (SR 123 Artificial Intelligence) | Enacted 05/22/2023 | Urges Congress to begin a discussion considering the benefits and risks of artificial intelligence technologies. | |
| Illinois (Illinois AI Video Interview Act) | Amended in 2021 and in effect as of 2022 | ||
| Illinois (HB 3563 Innovation and Technology Act) | Sent to Governor – Pending as of 06/16/2023 | Amends the Department of Innovation and Technology Act, provides that the Department of Innovation and Technology shall establish the Generative AI and Natural Language Processing Task Force investigate and provide a report on generative artificial intelligence software and natural language processing software, sets forth the members to serve on the task force, provides that the task force shall hold meetings and specifies the format and the location of those minimum number of meetings. | |
| Illinois (HB 3773 Human Rights Act) | Pending as of 02/17/2023 | Amends the Human Rights Act, provides that an employer that uses predictive data analytics in its employment decisions may not consider the applicant’s race or zip code when used as a proxy for race to reject an applicant in the context of recruiting, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment. | |
| Indiana (SB 5) | Passed on 05/01/2023 | Consumer data protection. Establishes a new article in the Indiana Code concerning consumer data protection, to take effect January 1, 2026. Sets forth the following within the new article: (1) Definitions of various terms that apply throughout the article. (2) Exemptions from the bill’s requirements concerning the responsibilities of controllers of consumers’ personal data. (3) The rights of an Indiana consumer to do the following: (A) Confirm whether or not a controller is processing the consumer’s personal data. (B) Correct inaccuracies in the consumer’s personal data that the consumer previously provided to a controller. (C) Delete the consumer’s personal data held by a controller. (D) Obtain a copy or representative summary of the consumer’s personal data that the consumer previously provided to the controller. (E) Opt out of the processing of the consumer’s personal data for certain purposes. (4) The responsibilities of controllers of consumers’ personal data. (5) The roles of controllers and processors with respect to a consumer’s personal data. (6) Requirements for data protection impact assessments by controllers of consumers’ personal data. (7) Requirements for processing de-identified data or pseudonymous data. (8) Limitations as to the scope of the new article. (9) The authority of the attorney general to investigate and enforce suspected or actual violations of the new article. (10) The preemption of local rules, regulations, and laws regarding the processing of personal data. Allows the attorney general to publish certain resources on the attorney general’s website. | |
| Maine (HP 1270 Data Privacy and Protection Act) | Pending as of 05/23/2023 | ||
| Massachusetts (H 64 State Agency Automated Decision Making) | Pending as of 02/16/2023 | Relates to state agency automated decision-making, artificial intelligence, transparency, fairness, and individual rights. | |
| Massachusetts (H 1873 Preventing Dystopian Work Environments) | Pending as of 02/16/2023 | Relates to preventing dystopian work environments. | |
| Massachusetts (S 24 Massachusetts Data Privacy Protection Act) | Pending as of 02/16/2023 | ||
| Massachusetts (H 1974 Use of Artificial Intelligence in Mental Health Service) | Pending as of 06/29/2023 | Relates to the use of artificial intelligence in mental health services. | |
| Massachusetts (S 31 Regulates Generative Artificial Intelligence) | Pending as of 07/05/2023 | Relates to drafted with the help of ChatGPT to regulate generative artificial intelligence models like ChatGPT. | |
| Massachusetts (S 33 Automated Decision Making by Government) | Pending as of 07/05/2023 | Establishes a commission on automated decision making by government in the commonwealth. | |
| Missouri (HB 311 Twenty First Century Technology Innovation Task Force) | Pending as of 04/26/2023 | Establishes the Twenty-First Century Technology Innovation Task Force. | |
| Missouri (HB 317 Missouri Technology Task Force) | Action Postponed as of 04/12/2023 | Establishes the Missouri Technology Task Force. | |
| Montana (SB 384 An act establishing the Consumer Data Privacy Act) | Enacted 04/21/2023 | ||
| New Hampshire (SB 255 Relative to the expectation of privacy) | Pending as of 05/22/2023 | ||
| New Jersey (NJ A5150 Job Loss Due to Automation Information) | Pending as of 02/06/2023 | Requires Department of Labor and Workforce Development to track and maintain information on job loss due to automation. | |
| New Jersey (NJ S 1402 Automated Decision System Discrimination) | Pending as of 02/10/2022 | Prohibits certain discrimination by automated decision systems. | |
| New Jersey (NJ S 1926 Use of Automated Tools in Hiring Decisions) | Pending as of 03/03/2022 | Regulates use of automated tools in hiring decisions to minimize discrimination in employment. | |
| New Jersey (NJ S 3714 Personal Identifiable Information Disclosures) | Pending as of 03/13/2023 | Regards the New Jersey Disclosure and Accountability Transparency Act (NJ DATA), establishes certain requirements for disclosure and processing of personally identifiable information, establishes Office of Data Protection and Responsible Use in Division of Consumer Affairs. | |
| New York (NY SB00365 New York Privacy Act) | Pending as of 06/08/2023 | ||
| New York (NY A00567 Automated Employment Decision Tools) | Pending as of 01/09/2023 | Establishes criteria for the use of automated employment decision tools, provides for enforcement for violations of such criteria. | |
| New York (NY A04969 State Commission to Study Artificial Intelligence) | Pending as of 06/08/2023 | Creates a temporary state commission to study and investigate how to regulate artificial intelligence, robotics and automation; repeals such commission. | |
| New York (NY A05309 State Units) | Pending as of 03-07-2023 | Requires state units to purchase a product or service that is or contains an algorithmic decision system that adheres to responsible artificial intelligence standards; specifies content included in responsible artificial intelligence standards; requires the commissioner of taxation and finance to adopt certain regulations; alters the definition of unlawful discriminatory practice to include acts performed through algorithmic decision systems. | |
| New York (NY S5641 Use of Automated Employment Decision Tools) | Pending as of 03/10/2023 | Establishes criteria for the use of automated employment decision tools, provides for enforcement for violations of such criteria. | |
| North Carolina (SB 460 Automation and the Workforce) | Pending as of 04/03/2023 | Establishes the study committee on automation and the workforce. | |
| North Dakota (HB 1361 Personhood Status) | Enacted 04/12/2023 | Relates to the definition of person in the North Dakota Century Code, defines person as an individual, organization, government, political subdivision, or government agency or instrumentality, provides that the term does not include environmental elements, artificial intelligence, an animal, or an inanimate object. | |
| Pennsylvania (HB 49 Artificial intelligence Registry) | Pending as of 03/07/2023 | Amends the act known as the Administrative Code, in powers and duties of the Department of State and its departmental administrative board, provides for artificial intelligence registry. | |
| Puerto Rico (SR 684 Artificial Intelligence) | Pending | Relates to conducting an investigation on the use of automated systems Artificial Intelligence that have the potential to significantly impact the rights, opportunities or access of the public to resources and critical services, the performance of public instrumentalities in relation to these issues, current state and federal statutes and regulations related to automated systems, the recommendations to follow to address the problems on these issues. | |
| Rhode Island (S0117 Artificial Intelligence in the Decision-Making Process) | Pending as of 05/25/2023 | Establishes a commission to study the use of artificial intelligence in the decision-making process of state government. | |
| Rhode Island (S0146 Use of Facial and Bio Metric Recognition Technology) | Pending as of 05/10/2023 | Relates to state affairs and government, relates to video lottery games, table games and sports wagering, relates to the Rhode Island consumer protection gaming act, prohibits the use of facial recognition technology and bio-metric recognition technology in video lottery terminals at pari-mutuel licensees in the state or in online betting applications. | |
| Texas (HB 2060 Artificial Intelligence Advisory Council) | Enacted 06/13/2023 | Relating to the creation of the artificial intelligence advisory council. | |
| Texas (HB 3633 State Workforce Commission) | Pending as of 04/27/2023 | Relates to a study on the establishment of a program administered by the State Workforce Commission to train individuals in certain skills related to artificial intelligence systems. | |
| Texas (HB 4695 Artificial Intelligence Mental Health Services) | Pending as of 03/22/2023 | Relates to the provision of artificial intelligence mental health services. | |
| Vermont (HB 114 Electronic Monitoring) | Pending as of 01/26/2023 | Relates to restricting electronic monitoring of employees and employment-related automated decision systems. | |
| Washington (SB 5356) | Pending as of 02/15/2023 | Establishes guidelines for government procurement and use of automated decision systems in order to protect consumers, improve transparency, and create more market predictability. |