How NH Might Address AI in State Law

According to the National Conference of State Legislatures, more than half of states considered AI-related bills in 2023. In NH, legislators have requested several bills related to artificial intelligence for the 2024 legislative session.

Limiting AI in Specific Scenarios

Some of the most straightforward legislation related to AI looks to ban the technology in specific scenarios. For example, in 2023 an Illinois legislator introduced a bill that would prohibit gambling platforms from collecting user data with the intent to predict individual gambling behavior. Pennsylvania is considering a bill that would add “artificially generated depiction” to their laws against child sexual abuse images.

In NH, Rep. Angela Brennan (D-Concord) has requested a 2024 bill “relative to requiring a disclosure of deceptive artificial intelligence usage in political advertising.” There is particular concern that “deepfake” videos might be used to confuse voters in the 2024 general election.

Requiring Bias Audits or Impact Assessments

Many applications use AI to assist with decision making on everything from staffing levels to insurance premiums. Lawmakers in many states are concerned that these “automated decision systems” could result in unintended discrimination and introduced bills that require audits or assessments so systems comply with anti-discrimination laws.

New Jersey is considering a bill that would require employment decision tools to offer an annual “bias audit” service, at no additional cost, to any customer. California is considering a bill that would require any business that uses an automated decision tool to conduct an annual “impact assessment” that includes evaluation of the risks of “algorithmic discrimination.” Vermont is considering a bill that would require employers to write a one-time impact assessment before using any automated decision system.

Regulating AI in State Government

Several states are looking to regulate their own use of AI. For example, California is considering a bill that would require a state agency to inform a member of the public any time they are communicating through an AI tool. Connecticut directed the Department of Administrative Services to inventory all state systems that employ AI and the Office of Policy and Management to develop policies on state use of AI. Vermont created the Division of Artificial Intelligence to review state use of AI.

In NH, Rep. Thomas Cormen (D-Lebanon) has requested a 2024 bill regulating how state agencies use AI. At the time of this writing the bill is not finalized, but Rep. Cormen intends to address prohibited uses, limits on the use of AI decision-making without human review and disclosure when the state is using AI.

AI Registration

Other lawmakers are interested in increasing transparency around the development and use of AI in the private sector. In NH, Rep. Linda Massimilla (D-Littleton) has requested a bill “relative to artificial intelligence foundation model registration.” An artificial intelligence foundation model is capable of a range of tasks, from generating text to manipulating images, and can be used to build new tools. Some policy advocates argue that the government has an interest in knowing who is developing them and how.

There are many ways the government could implement registration; most proposals include information about the model’s potential capabilities and who is working with it. Opponents of registration are generally concerned about trade secrets.

Enabling the Use of AI

Lastly, some states are looking at opportunities for AI. West Virginia passed a bill that directs the commissioner of highways to use AI to evaluate state roads and guide preventative maintenance. Pennsylvania is considering a bill that would allow the use of artificial intelligence to identify welfare fraud. Maryland created an Industry 4.0 Technology Grant Program that includes grants for manufacturing enterprises looking to implement AI for “continuous improvement of efficiency and productivity.”

In NH, Rep. Matthew Santonastaso (R-Jaffrey) has requested a 2024 bill “relative to the use of artificial intelligence for personal defense.” For example, his bill might allow an autonomous car to strike a mugger threatening the car’s owner. Expect vigorous debate on these issues in 2024 and beyond.

Anna Brown is director of research and analysis for Citizens Count (CitizensCount.org), a nonprofit providing NH residents with information about NH policy issues.