Weekly Updates
AI Infrastructure Faces Growing Threat from Ballot Initiatives
Volume 96, sent April 10, 2026. Voters across multiple states are pursuing ballot measures to restrict or ban data center construction, posing regulatory risks for AI infrastructure development. Port Washington, Wisconsin voters approved requiring voter approval for data center tax incentives by 66%, while 69% of Wisconsin voters believe data center costs outweigh benefits. Ohio's proposed statewide measure would prohibit data centers requiring 25+ megawatts, needing 413,488 signatures by July 1 for November ballot placement. Read more.
States Respond to AI Practicing without a License
Volume 95, sent April 3, 2026. Tennessee and Idaho both enacted laws this week restricting how artificial intelligence systems can represent themselves as mental health professionals, joining a growing number of states grappling with AI's expansion into licensed professional services. From therapy chatbots and legal document tools to clinical decision-making software, AI systems are increasingly performing tasks traditionally reserved for licensed professionals — often without the oversight or accountability those professions require. State lawmakers are now confronting a fundamental question: which professional functions can AI perform, and what guardrails should be in place? Read more.
Colorado AI Working Group Recommends a New Path for SB 205
Volume 94, sent March 27, 2026. Colorado was the first state to enact a comprehensive regulatory framework for artificial intelligence in 2024, but nearly two years later, SB 205 has yet to take effect. Lawmakers have acknowledged the need for changes, but have struggled to agree on how to maintain meaningful guardrails while taking a lighter-touch approach to a rapidly evolving industry. Last fall, Governor Jared Polis (D) organized a working group to address issues with the law, and last week the group released recommended legislation. The proposal would scale back some of the requirements that industry groups had criticized, though it remains unclear whether it will provide a path forward for lawmakers. Read more.
The White House Campaign Against State AI Laws
Volume 93, sent March 20, 2026. We're finally seeing legislative language on a federal AI regulatory framework, and we expect that debate to heat up this summer. But as another set of state legislative sessions winds down, how has federal opposition to state-level AI regulation actually affected the debate this year? Read more.
Oregon & Washington: What Counts as a Companion Chatbot?
Volume 92, sent March 13, 2026. The Pacific Northwest has been active on companion chatbot legislation, with lawmakers in both Oregon and Washington recently passing legislation requiring safety measures for users. Following reports of users taking tragic actions after interactions with companion chatbots, state lawmakers have made the issue a top priority this session. But these new bills illustrate the challenges in crafting a bill without creating an overly broad scope that interferes with other chatbot uses. Read more.
Connecticut's AI Regulation: A More Targeted Third Attempt
Volume 91, sent March 6, 2026. Connecticut Sen. James Maroney (D) has been an outspoken advocate for artificial intelligence regulation. Yet Connecticut has failed to pass comprehensive AI legislation in each of the last two legislative sessions. Is the third time a charm? Lawmakers have drafted a new bill in Connecticut that scales back many of the regulatory obligations on developers and deployers, reflecting a new political reality, but will it be enough to gain the support of a skeptical governor needed for enactment? Read more.
How States Are Managing AI in Schools
Volume 90, sent February 27, 2026. Generative AI has rapidly infiltrated classrooms across the country, with students using AI tools to draft essays and complete assignments, and teachers increasingly turning to AI for lesson planning, grading assistance, and classroom materials. Yet as these tools become embedded in daily instruction, policymakers have concluded that widespread use requires structure, guardrails, and clear expectations. Read more.
Beyond Deepfakes: States Regulate Digital Replicas
Volume 89, sent February 20, 2026. State lawmakers are shifting their focus from regulating AI deepfakes to establishing comprehensive frameworks for commercially authorized digital replicas. When states first addressed AI two years ago, many quickly enacted political and sexual deepfake legislation. Now, lawmakers are turning to digital replica regulation, primarily by expanding name, image, and likeness protections in right of publicity laws. This year's legislative activity centers on extending post-mortem rights and introducing novel provisions, such as takedown requirements and mandatory legal counsel, that merit close attention. Read more.
States Weigh the Question: When AI Causes Harm, Who Pays?
Volume 88, sent February 13, 2026. When Air Canada's customer service chatbot told a grieving passenger he could book a flight at full price and later claim a bereavement discount, it sounded authoritative. It was also wrong. The airline refused to honor the refund, arguing the chatbot was a "separate legal entity" responsible for its own words. A Canadian tribunal disagreed and held the airline liable for the bot's misstatements, rejecting the idea that companies can outsource accountability to code. That case has quickly become a real-world touchstone for lawmakers grappling with a deceptively simple question: when AI systems cause harm, who pays? Read more.
State Lawmakers Tackle the AI Data Pipeline
Volume 87, sent February 6, 2026. One month into the legislative year, artificial intelligence has emerged as one of the most active policy areas in state capitols. Rather than pursuing sweeping AI framework bills, lawmakers are zeroing in on practical questions that directly affect how AI systems are built, trained, deployed, and commercialized. This focus has led to increased scrutiny on the datasets used by AI models, who is sharing data with those models, and what protections are needed for the data they produce. Read more.
For older editions, click here.
