Welcome to States at the Vanguard, a mini-series exploring policies being led by state legislatures in the absence of federal action. These insights are published in partnership between MultiState and the Senate Presidents’ Forum.

Lawmakers Face Rapid Pace
of Emerging Technologies

State legislatures are weighing the implications of artificial intelligence and driving new policy on autonomous vehicles.

​In this article​Reality Checks on AI​AI Bias?​Autonomous Vehicles are on the Road​States Lead the WayClick on any topic to jump ahead 

April 3, 2023

Emerging technologies are rapidly transforming various industries across the world. From artificial intelligence to autonomous vehicles, policymakers are seeking ways to encourage the productive use of these technologies while ensuring consumer safety.

With federal action on new tech slow to come by, state lawmakers are taking the initiative to develop regulations and laws.

Reality Checks on AI

One technology that has gained significant attention of late is artificial intelligence (AI). Consumers are now interacting directly with AI using chatbots like ChatGTP and image generators such as Dall-E and Midjourney. As AI technology advances at record pace, state lawmakers want to understand its potential to shape the economy, job market, and society. But lawmakers also have serious concerns about the potential downsides of the proliferation of AI technology to spread misinformation, “deepfakes,” spam, and outright fraud.

​Lawmakers want to understand the potential of AI to shape the economy and the job market.

At the same time, lawmakers are recognizing the potential for practical applications of AI within their own public sector work. Some are already experimenting with AI tools to write speeches and draft legislation. For example, Massachusetts state senator Barry Finegold asked AI chatbot ChatGPT to write legislative language that would regulate generative artificial intelligence models. “ChatGPT got us 70 percent of what we needed when we wanted to draft this bill, but it didn’t get us all the way,” said the senator. A spokesperson for the senator’s office clarified that ChatGPT “defined a key term, expanded on what the core operating standards of generative AI models should be, and clarified the process for registering with the attorney general’s office.”

AI Bias?

So far, state lawmakers have taken a light-touch approach to regulating AI. Several states have set up committees to study the issue or taken on only limited aspects of the technology; for example, limiting the use of facial recognition technology in Virginia or scrutinizing the implementation of AI in hiring decisions in Illinois.

Lawmakers are also concerned about potential biases built into an AI system. The D.C. Council is debating the “Stop Discrimination by Algorithms Act,” which would, as described by the District’s Attorney General who wrote the bill, “prohibit companies and institutions from using algorithms that produce biased or discriminatory results and lock individuals, especially members of vulnerable communities, out of critical opportunities, like jobs and housing.” Potential unintended consequences of AI tools are a major concern for AI ethicists and lawmakers alike.

The rapid pace of AI development will confront policymakers with countless practical and ethical questions as the technology permeates our everyday lives. And while AI is attracting a ton of attention, it’s unclear what type of role public policy will play in its development.

Autonomous Vehicles are on the Road

A complementary emerging technology where state policymakers have adopted a fuller regulatory role is autonomous vehicles (AVs). Self-driving cars have taken longer to develop than originally thought but today AVs are a reality in several states, with customers taking trips without a driver behind the wheel. AVs have the potential to make roads safer, reduce congestion, and revolutionize transportation as we know it. However, lawmakers must address concerns around liability, safety, and privacy.

​The relatively slow pace of AV development allowed states to learn from each other and roll out sensible regulations.

The two leading states, California and Arizona, took different paths toward AV regulations. California built a sophisticated regulatory regime to test and deploy autonomous vehicles on public roads, while Arizona welcomed AV testing on its roadways through a straightforward executive order, requiring less reporting than California and shifting the burden of proof to regulators instead of testers.

Lawmakers continued to modify the programs as the technology developed, and today 28 states have authorized the testing of AVs on state roads. The slower-than-expected pace of AV development has allowed state lawmakers to study the issue, learn from each other, and roll out regulations that enable the industry to grow while protecting public safety.

​Autonomous Vehicles – Testing

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States Lead the Way

Congress and the federal government have not taken major action on emerging technologies like AI and AVs, leaving a policymaking role up to the states to collaborate with industry experts, academics, and their constituents to draft legislation that ensures public safety and encourages investment. These laws must balance the potential of these technologies with the need for consumer protections. Lawmakers who stay up-to-date on the latest advancements and regulations can support their constituents and shape smart policy as technology marches ever onward.

​Questions?If you have questions on any of the subjects raised in States at the Vanguard, you can reach MultiState’s VP Morgan Scarboro at mscarboro@multistate.us or email the Senate Presidents’ Forum at info@senpf.org.