As the federal government continues to deliberate on how to regulate artificial intelligence (AI), states are taking action. Here are some examples of bills and laws that states have introduced and passed to regulate AI.
Colorado
Colorado’s law, SB21-169, is called Protecting Consumers from Unfair Discrimination in Insurance Practices. The law, which took effect in 2021, prohibits insurance companies from using algorithms or predictive models that could unfairly discriminate against people based on their race, color, national or ethnic origin, religion, sex, or other factors.
The Colorado Division of Insurance is working on specific rules that insurance companies will need to follow to comply with the law.
California
California Assembly Member Rebecca Bauer-Kahan has introduced a bill, AB 331, that would set some rules for anyone using automated tools to make “consequential decisions.”
According to the bill, “‘consequential decision’ means a decision or judgment that has a legal, material, or similarly significant effect on an individual’s life relating to the impact of, access to, or the cost, terms, or availability of” employment, education, housing, health care, the criminal justice system and more.
This bill would require companies to disclose when they’re using such tools, and it would require the companies to do annual impact assessments. The bill would also allow applicants and employees who believe they’ve been discriminated against to sue the company that used the algorithmic decision tool.
Connecticut
Connecticut’s governor recently signed SB 1103. The bill would require the state to take inventory of its AI tools and set policies for using them. It would also establish an AI task force to develop recommendations for an AI bill of rights.
Texas
There is a law in Texas called HB 2060. The bill would create an AI advisory council which would study AI and how the state government can use it.
The bill has passed the House and the Senate.
Illinois
Illinois has a law, HB 2557, called the Artificial Intelligence Video Interview Act. The law was enacted in 2020, and pertains to employers who use AI to analyze video job interviews.
Those employers have to tell applicants when they’re using such tools and how they work. They also have to get consent, and delete the videos within a month if the applicants ask them to. Maryland has passed a similar law.