Did you ever think that AI, as a new technology, is barely regulated in the U.S.? Think again!

Below, we catalog certain state laws regulating the development and use of AI systems and technologies, passed between 2019-2026. This list focuses on legislative initiatives that are currently in effect, or are expected to take effect soon, that impact private sector businesses. Note that these laws include criminal liability in some cases and may form the ground on which future plaintiffs’ litigation will be based. Our privacy, tech, and AI teams can help assess compliance for new or existing clients.

Arkansas

• HB 1071 – Provides protections for individuals whose photograph, voice, or likeness is reproduced through means of AI and used in a commercial context.
• HB 1876 – Provides that, when a person uses generative AI to generate content, the person who provides the input or directive to the tool is the owner of the generated content, provided that the content does not infringe on existing copyrights or IP rights.

California

• SB 942, AB 853 – (AI Transparency Act) – The Act, as amended, places requirements on providers of AI systems, such as implementing an AI detection tool, making certain disclosures, and contracting requirements with users. Requires manufacturers of “capture devices” (e.g., devices that record photographs, audio, or video content) to embed latent disclosures in captured content by default and to allow users to include latent disclosures in captured content, to distinguish AI-generated content from original images. Requires large online platforms to provide certain provenance information related to AI content generation. Prohibits websites and apps from making GenAI systems available that do not provide the disclosures required under the law.
• SB 53 – Requires “large frontier developers” (defined as developers of “frontier models” with over $500 million in annual gross revenue) to develop and publish on its website a “frontier AI framework” that applies to its frontier models and describes how the developer approaches issues including addressing national AI standards, assessing potential catastrophic risk, and third party assessments.
• Regulations under the Fair Employment and Housing Act – The California Civil Rights Council issued final regulations under FEHA (effective October 1, 2025) to address use of AI and other “Automated-Decision Systems” (“ADS”) in decisions regarding employees or job applicants. The regulations make it unlawful to use ADS for discriminatory purposes and provide that the presence and quality of bias testing may be evaluated as evidence in any related claim. Covered employers must keep relevant ADS records for at least four years and provides that employers may be liable for vendor or other third-party use of ADS tools on the employer’s behalf.
• SB 243 – Requires operators of “companion chatbots” to disclose that the chatbot is not a human to users, to provide certain features to mitigate uses that could lead to harm, to publish details on the law’s protocols on the operator’s website, and to implement certain technical safeguards when the chatbot interacts with known minors. Requires annual reporting of certain metrics related to the above to the Office of Suicide Prevention. Includes a private right of action and statutory damages.
• AB 489 – Makes certain existing provisions of law which prohibit the use of specified content to falsely indicate possession of a healthcare license or certificate enforceable against developers or deployers of AI or generative AI that uses one or more of those terms, letters, or phrases in its advertising or functionality. Prohibits the use by AI or generative AI of certain content that indicates or implies that the advice, care, reports, or assessments being provided through AI or generative AI is being provided by a natural person with appropriate licensing.
• AB 2602 – Makes certain contracts for the performance of personal or professional services unenforceable when involving digital replicas of the voice or likeness of an individual.
• AB 2905 – Regulates the use of automatic dialing/announcing devices in telecommunications and requires that when such calls utilize AI-generated voices or messages, the call must begin with an unrecorded, natural voice announcement stating certain information about the nature of the call, AI-generated voice print, the business represented, and asking for consent to hear the message.
• AB 1836 – Prohibits creation or distribution of digital replicas of deceased personalities without permission from their estate.
• SB 981 – Requires social media platforms to establish a mechanism for users to report sexually explicit deepfakes and to remove or block such content.
• AB 2013 – Requires developers to post information on websites regarding data used to train new or modified generative AI systems. Contains a lookback period to January 2022.
• AB 3030 – Requires healthcare providers utilizing generative AI to generate written or verbal patient communications to include an AI disclaimer and instructions on contacting a human as an alternative.
• SB 1120 (the Physicians Make Decisions Act) – Prohibits certain health insurer activities that are based on AI algorithms, requires that algorithms be applied fairly and equitably, and criminalizes willful violations.
• AB 723 – Requires real estate brokers or real estate salespersons who include a digitally altered image in an advertisement regarding the sale of real property to include disclosures that the images have been altered and a link to a publicly accessible site that includes the original, unaltered image.
• SB 1001 – Makes it unlawful to use a “bot” to communicate with CA residents online with the intent to mislead the individual regarding the bot’s artificial identify when marketing goods or services to the individual or when attempting to influence a vote or election.
• AB 1008 – Clarifies that California’s existing privacy laws are extended to generative AI-produced content as well and that “personal information” can include “abstract digital formats.” The law aims to remove any arguable exclusion from CCPA for personal data generated by generative AI and large language models.
• AB 2885 – Creates a uniform definition for AI in CA law – states that artificial intelligence is defined as “an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.”

Colorado

• SB 205 (Colorado AI Act) – A comprehensive consumer-facing privacy law, the first of its kind in the US, placing obligations on developers and deployers of AI systems and technologies, particularly in the context of “high-risk” AI systems.
• SB 169 – Adds protections for consumers against unfair discrimination in insurance practices, including via AI algorithms.

Georgia

• H 203 – Permits use of AI as an assessment mechanism to conduct eye assessments or to generate prescriptions for contact lenses or spectacles, but places certain restrictions on the use of AI in such contexts.

Illinois

• HB 1806 – Prevents individuals from providing or advertising mental or behavioral health therapy services, including through the use of AI, unless the services are conducted by a licensed professional. Prevents licensed professionals from utilizing AI to assist in providing mental or behavioral health therapy (where the client’s session is recorded or transcribed), without appropriate notice and consent. Prohibits licensed professionals from using AI to make independent therapeutic decisions, directly interact with clients in any form of therapeutic communication, generate independent recommendations, or detect emotions or mental states.
• HB 3773 – Amends the IL Human Rights Act. Requires employers to notify employees when AI is being used in connection with employment decisions. Prohibits employers from using AI in connection with recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment in a way that subjects an employee to any discrimination based on either their protected class or their zip code.
• HB 2557 (Artificial Intelligence Video Interview Act, as amended) – Requires disclosures to applicants when AI is used by employers to analyze video interviews. Employers that rely solely on AI to determine whether an applicant will qualify for an in-person interview must gather and report certain demographic information to the IL Department of Commerce and Economic Opportunity. Requires the department to analyze the data and report to the governor and General Assembly whether the data discloses a racial bias in the use of artificial intelligence.
• HB 4762 (Digital Voice and Likeness Protection Act) – Protects performers and other individuals from unauthorized use of AI voice or melody and provides that certain contract provisions regarding digital replicas are unenforceable.
• HB 4875 – Prohibits the distribution of a sound recording or audiovisual content containing unauthorized digital replicas, which includes AI-generated content of an actual individual in which the individual did not actually perform or appear, without the consent of the individual.

Maine

• HP 1154 – Provides that a person may not use an AI chatbot or any other computerized technology to engage in trade and commerce with a consumer in a manner that may mislead or deceive a reasonable consumer into believing that the consumer is engaging with a human being unless the consumer is notified in a clear and conspicuous manner that the consumer is not engaging with a human being.

Maryland

• HB 1202 – Prohibits employers from using certain facial recognition services during an applicant’s interview for employment without applicant consent.
• HB 820 – Requires certain insurers and health organizations or plan providers to report to the state on uses of AI, algorithms, or other software used to make adverse decisions. Requires covered carriers to, among other requirements, ensure that AI bases determinations on prescribed factors, avoid use of AI in a discriminatory manner, and include certain AI content in written policies and procedures. Permits AI audits and inspections related to these requirements by the state.

Montana

• SB 212 – Requires developers of AI systems used to make consequential decisions, when critical infrastructure facilities are controlled in whole or in part by such an AI system, to develop a risk management policy that is reasonable and considers the AI risk management framework from NIST, the ISO/IEC 4200 AI standard, or another nationally or internationally recognized RMF for AI systems.

Nebraska

• LB 77 – Requires “utilization review agents” to disclose to the Department of Insurance, to each health care provider in its network, to each enrollee, and on its public website if artificial intelligence-based algorithms are use or will be used in the utilization review process. Provides that an AI-based algorithm shall not be the sole basis of a utilization review agent’s decision regarding certain health care services.

Nevada

• AB 406 – Prohibits certain uses of AI systems in the context of mental or behavioral health. This includes a prohibition on using AI to diagnose, treat, or prevent mental illness or behavioral disorders (though certain administrative tasks are not prohibited). Certain marketing content regarding AI capabilities in the mental health space are also prohibited.

New Jersey

• AB 4563 – Prohibits use of a “bot” to communicate or interact with New Jersey residents in connection with the sale or advertisement of any merchandise or real estate or to solicit political support without a disclosure that the communication is conducted via a bot.

New York

• SB 6953 – The Responsible AI Safety and Evaluation (RAISE) Act applies to “large developers” of “frontier models,” defined utilizing a combination of computation power and financial investment during the training phase of the model and aimed at addressing models with the potential to cause significant damage. The law requires covered developers to submit safety and transparency plans before releasing qualifying models. Requires developers to report safety incidents to the state within 72 hours, to conduct annual reviews of safety protocols, and other documentation and audit requirements.
• SB 3008 – Requires providers of AI companion bots/models to notify users that they are interacting with an AI, not a human, including conspicuous notification throughout the interaction. Requires AI companions to contain protocol to detect user expressions of suicidal ideas or self-harm and to direct users to crisis services.
• NYC Local Law 144 – Prohibits employers and employment agencies from using AI for automated employment decisions in New York city unless they ensure a bias audit was performed and have provided notices to applicants.
• AB 2249 – Requires human model management companies to obtain clear written consent before use of a model’s digital replica (which includes significant computer-generated or AI creation or alteration of a model’s likeness), including the scope, purpose, rate of pay, and duration of such use. Also requires model management companies to obtain clear, conspicuous and separate written consent in order to create, alter, or manipulate a model’s digital replica using AI.
• SB 8420 – Requires advertisers to disclose to consumers the use of “synthetic performers” utilized in advertisements. Synthetic performers are defined as a digitally created asset created, reproduced, or modified by computer, using generative AI or a software algorithm, that is intended to seem like a human performer who is not recognizable as any identifiable person.
• AB 6767 – Requires safeguards for AI companions, including safety measures to detect and address users’ expression of suicidal ideas or self-harm. Upon detection of the same, AI companions must contact certain crisis response resources. AI companion providers must also disclose to users that they are not communicating with a human.
• SB 5959 – Prohibits the use of a deceased performer’s name, voice, photograph, etc., without the prior consent of the performer’s successor in interest. Establishes a right of publicity for successors in interest of deceased performers. Provides a private right of action for unlawful dissemination or publication of a sexually explicit digitized depiction of a deceased individual.
• SB 7676 – Provides that certain contract provisions regarding digital replicas are unenforceable due to being contrary to public policy.

Oregon

• HB 2748 – Prohibits nonhuman entities including AI agents from using certain titles, including nursing-oriented titles such as CRNA or RN.

Rhode Island

• H 6654 – Provides that an assessment mechanism, including artificial intelligence devices, used to conduct an eye assessment or to generate a prescription for contact lenses or glasses in Rhode Island shall meet specified requirements.

South Carolina

• H 4754 – Outlines requirements for providers of pre-licensing and continuing education courses for real estate brokers, brokers-in-charge, associates, and property managers. Provides that a licensee is responsible for all work product produced by the licensee or with the assistance of AI, machine learning, or similar programs.

Tennessee

• HB 2091 (ELVIS Act) – Amends the state’s right of publicity law to prohibit the use of AI to impersonate or mimic a performer’s voice without consent of the performer. Creates new causes of action regarding the same.

Texas

• HB 149 – Requires Texas government entities to clearly and conspicuously disclose to consumers when they are interacting with an AI system, without use of dark patterns. The law prohibits government entities from engaging in social scoring and from using AI systems for the purpose of identifying individuals via biometrics without consent. In addition, the law prohibits private businesses from using AI to incite or encourage self-harm, crime, or violence; restrict individuals’ rights under the U.S. Constitution; and engage in unlawful discrimination.

Utah

• SB 149 (AI Policy Act, as amended by 2025 laws SB 226, SB 332, and HB 452) – Requires disclosures by companies using generative AI to consumers when consumers clearly ask the business whether AI is being used. Requires further disclosures when a business is a “regulated” occupation and when consumers receive services in “high-risk” contexts, such as financial or health contexts.
• HB 452 – In the context of mental health AI chatbots, requires clear and conspicuous initial disclosures that interactions are not with a human and requires further disclosures after a consumer asks whether AI is being used. Restricts the chatbots from conducting any marketing unless certain further disclosures are included. Prohibits use of AI inputs to determine whether to provide advertisements. Prohibits chatbot providers from selling or sharing any identifiable health data with third parties, subject to certain exceptions.
• SB 271 – Prohibits the unauthorized commercial use of AI to create simulated personal identities for commercial purposes. Simulated identities include those created by generative AI, computer animation, or other technical means. Unauthorized use is defined as using an individual’s likeness in a commercial context in a way that implies the individual has approved of or endorsed the product.

Virginia

• HB 2468 – Requires hospitals, nursing homes, and certified nursing facilities to ensure permissible patient access to intelligent personal assistants that utilize AI while receiving inpatient services.

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Last updated: February 5, 2026

Please note that, in addition and not discussed here, several states have passed laws regulating the use of artificial intelligence in the contexts of political advertisements/communications and sexually explicit content, as well as laws establishing government task forces, grants, or research bodies or initiatives. Certain state comprehensive privacy laws may also regulate certain uses of artificial intelligence.