State Strategies and Legal Frameworks for Responsible Artificial Intelligence Governance

Legal and Regulatory Considerations for States Related to Artificial Intelligence

On April 29, the National Governors Association held a briefing for Governors’ legal counsel focusing on the legal and regulatory challenges states face with artificial intelligence (AI). AI has the potential to improve government services but raises concerns about misuse and unintended consequences. State governments are actively researching these tools and setting standards for their responsible use. Governors have a key role in regulating AI and promoting its ethical application within their jurisdictions.

AI Executive Orders by States

In the past two years, Governors in at least fourteen states—including California, Maryland, Massachusetts, and Washington—have issued executive orders addressing AI, especially generative AI (GenAI). These orders typically establish AI task forces, designate state AI leads, and promote collaboration across agencies.

The focus is on ensuring AI is used responsibly in government operations while supporting workforce development, economic growth, and education improvements. Task forces often inventory current AI applications, create training programs for state employees, issue guidance, and recommend policies for integrating AI effectively.

Several states have appointed Chief AI Officers or similar roles to lead AI strategy, governance, and inter-agency coordination. Additionally, some have created AI Centers of Excellence or AI Hubs to drive research, innovation, and public-private partnerships. These entities help agencies assess AI use cases, manage risks, and foster communication across departments.

Emerging State Legislative Trends

State legislatures are increasingly introducing bills to address AI’s rapid development. Hundreds of bills have been proposed nationwide, focusing on issues such as data privacy, transparency, fairness, and consumer protection.

Key themes include:

• Oversight of AI use by state government
• Governance requirements and consumer protection in the private sector
• Creation of AI task forces and interdisciplinary collaboration
• Data privacy safeguards
• Prevention of algorithmic discrimination and adoption of risk-based frameworks
• Bans on election-related and non-consensual explicit deepfakes
• Restrictions on companion chatbots
• Regulation of algorithmic pricing
• Enforcement and accountability for AI developers and deployers

Risk Management Considerations for States

States are both deployers and regulators of AI technologies. They use AI in areas such as:

• Public safety and criminal justice — including surveillance, facial recognition, and risk assessments
• Consumer fraud prevention, cybersecurity, and content moderation
• Education — like monitoring and personalized learning
• Commercial data practices in employment and housing
• Benefits and public health — for eligibility, fraud detection, and licensing

AI tools also streamline agency operations, such as hiring processes and citizen engagement through chatbots or data dashboards. However, given AI’s novelty and pace of change, states must balance innovation with caution. Understanding and mitigating risks is essential to avoid unintended harm.

Legal and regulatory frameworks need to adapt quickly to evolving AI capabilities. State and federal authorities must maintain flexibility and vigilance in crafting policies that enable beneficial AI use while protecting public interests.

For professionals interested in enhancing their AI expertise, exploring practical training options can be valuable. Resources like Complete AI Training’s latest courses offer focused learning on AI tools, governance, and implementation relevant to IT, legal, and operations roles.

For further information on state AI legal issues, please contact the National Governors Association’s briefing coordinators.