Michigan Attorney General Dana Nessel has joined a coalition of 39 state and territory attorneys general in opposition to an amendment recently added by the U.S. House Energy and Commerce Committee to the federal budget reconciliation bill. The amendment seeks to impose a 10-year ban on states from enforcing any laws or regulations related to artificial intelligence (AI) and automated decision-making systems.
Nessel emphasized the importance of state involvement in consumer protection, stating, "States play a crucial role in protecting consumers from scammers, bad actors, and growing risks associated with AI." She criticized the proposed amendment for stripping states of their power to act, especially when no federal protections are currently in place. "Congress and the federal government should work with states, not against them, to ensure AI is developed and used responsibly," she added.
The coalition argues that this amendment would significantly undermine efforts at the state level to address both known and emerging harms linked to AI. In light of insufficient federal oversight, many states have already implemented specific laws targeting risks posed by AI technologies. For instance, Michigan law restricts AI use in political campaigns aimed at influencing elections. Recently, the Michigan House passed House Bills 4047 and 4048, sponsored by Representatives Matthew Bierlein and Penelope Tsernoglou. This legislative package aims to protect individuals from AI-generated explicit content through "The Protection from Intimate Deep Fakes Act," establishing civil actions and criminal penalties for disseminating pornographic deep fakes.
The attorneys general assert that the amendment does not offer any federal regulatory framework as an alternative or complement to existing state laws. They urge Congress to reject the moratorium language included in the budget reconciliation bill.
Alongside Attorney General Nessel, attorneys general from American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland Massachusetts Minnesota Mississippi Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Dakota Tennessee U.S Virgin Islands Utah Vermont Virginia Washington Wisconsin also signed the letter opposing this measure.