Understanding AI Laws by State: A Patchwork Compliance Challenge
As AI technologies rapidly integrate into hiring, marketing, health, and financial systems, U.S. companies face an emerging legal reality: state-level AI laws are outpacing federal regulation.
For General Counsel and in-house legal teams, managing AI compliance now means tracking a growing matrix of state-specific rules, each with unique obligations, timelines, and enforcement priorities.
In this guide, we outline the current state-by-state AI legal landscape and share practical tips for preparing your compliance roadmap.
Why the U.S. Has a Patchwork of AI Laws
While the EU passed the comprehensive AI Act, the U.S. has taken a decentralized approach. There is no federal AI law governing automated decision-making, algorithmic bias, or transparency in general-purpose AI systems.
Instead, the regulatory gap is being filled by:
- State consumer privacy laws with AI-specific provisions
- Sectoral regulations (e.g., insurance, employment, education)
- Executive orders and task forces focused on ethical AI use
This creates a compliance puzzle for any business deploying AI nationally.
States Leading the Way: Highlights by Jurisdiction
Here’s a quick map of some of the most notable state-level AI regulations.
🔵 California: AI and Privacy Powerhouse
- California Privacy Rights Act (CPRA) includes the right to opt-out of automated decision-making.
- Businesses must conduct risk assessments when using AI in ways that significantly affect consumers' rights and freedoms.
- Enforcement by the California Privacy Protection Agency (CPPA) is already active and expanding.
📝 Long-tail keyword: California AI privacy law
🟣 New York: Algorithmic Hiring Laws Take Center Stage
- Local Law 144 requires employers to:
- Notify job candidates about AI use in hiring
- Conduct annual bias audits by an independent auditor
- Publish audit results publicly
This law is already in effect for companies using automated employment decision tools (AEDTs) in NYC.
📝 Long-tail keyword: New York AI hiring audit
🟢 Illinois and Maryland: Consent Before Using AI in Hiring
- Illinois AI Video Interview Act requires:
- Notice and explicit consent before AI is used to analyze video interviews
- Maryland limits facial recognition tech during interviews unless applicants opt in
These consent-focused laws raise the bar for HR tech vendors and their clients.
🟠 Colorado: Fairness in AI Insurance Pricing
- Insurers must ensure algorithms do not result in unfair discrimination.
- The Division of Insurance requires reporting on data sources and outcomes for AI-based pricing models.
🔴 Virginia, Texas, Montana: AI Profiling Opt-Out Rights
- These states offer opt-out rights for profiling and automated decisions under their consumer privacy laws.
- Compliance requires assessing how AI systems make inferences about individuals.
🟡 Tennessee: AI + IP in the ELVIS Act
- The ELVIS Act (2024) protects musicians and performers against unauthorized AI-generated replicas of their voice.
- Represents a novel intersection of AI and right of publicity.
📝 Long-tail keyword: AI state regulation
What In-House Legal Teams Should Do Now
To stay ahead of this fragmented AI legal environment, legal leaders should:
✅ Build an AI Risk & Compliance Tracker
- Centralize all AI tools used in hiring, marketing, pricing, etc.
- Map those tools to jurisdictions where customers or employees reside
✅ Require AI Vendor Disclosures
- Ask vendors to share audit results, bias mitigation practices, and data governance protocols
- Embed these into contracts and procurement policies
✅ Monitor Legislative Updates Quarterly
- Track new bills and enacted laws using reliable sources like Stanford’s AI Index or ABA policy briefings
- Consider outside counsel or AI law directories (like this one!) for alerts
✅ Conduct Pre-Implementation AI Impact Assessments
- Use tools similar to data protection impact assessments (DPIAs)
- Evaluate for fairness, transparency, and explainability before rollout
Takeaways
- AI laws by state are creating a complex regulatory landscape—particularly in privacy, hiring, and discrimination.
- California, New York, Colorado, and Illinois are leading with enforceable rules.
- GCs must take a proactive, multi-jurisdictional approach to avoid liability and reputational risk.
- Expect more states to follow, especially in election years or as public concern about deepfakes and bias grows.