WASHINGTON – There has been an explosion in state-based legislation to address artificial intelligence, as lawmakers across the 50 US states and the District of Columbia have placed a heavier focus on AI regulation in 2023.

An analysis prepared by BSA | The Software Alliance found that state lawmakers introduced 440% more AI-related bills in 2023 compared to the prior calendar year. The 190 bills introduced so far in 2023 were more than were filed in the previous two years combined.

The outbreak of state legislation affecting artificial intelligence reflects a broader effort by policymakers worldwide to set initial rules for AI systems. In the United States, state legislatures have led in passing digital privacy laws in the absence of federal legislation enacted by the US Congress. It seems likely that states may be poised to write the next comprehensive rules for AI in the United States.

“State lawmakers are not waiting on Congress to act on AI – and they are going to continue to push forward with their own proposals to set rules for artificial intelligence,” said Matthew Lenz, Senior Director of State Advocacy at BSA. “Passing a strong national law to address high-risk AI is the best way to ensure that the United States is able to reap the benefits from AI. But states are already moving on AI, and the enterprise software industry is deeply engaged with state leaders to advance constructive solutions that build trust and confidence in the responsible development and deployment of AI.”

BSA’s analysis revealed:

• A 440% increase in AI bill introductions (a metric which includes legislation focused on specific AI use cases, AI governance frameworks, states’ AI use inventories, task forces and committees, law enforcement use of AI tools, and state governments’ use of AI).
• A total of over 190 AI-related bills have been introduced nationwide in 2023.
• 31 states have had AI-related bills introduced this year.
• Seven percent (14 total) AI-related bills became law; 15% of introduced AI-related bills passed at least one state chamber.

The legislation introduced this year took on various forms and points of focus. In particular, states including California, Massachusetts, New York, New Jersey, and Washington, are examining the use of impact assessments to mitigate the risks of certain types of AI. A number of states have also taken up legislation covering deepfakes – those bills themselves increased by 50% over 2022, and 16% of those bills eventually being enacted.

BSA’s state advocacy program has been working with lawmakers in each jurisdiction poised to act on AI to educate officials on important considerations for AI policy. Those considerations include establishing a distinction between developers of AI and those entities putting AI systems into use (“deployers”), along with clear obligations for both; ensuring that regulation is risk-based; and, requiring the use of impact assessments to guard against AI risks.