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N.M., Mass. Join States Considering AI Discrimination Bills

Signaling a possible trend, an increasing number of state legislators are filing AI discrimination bills. Similar to Colorado's nation-first AI law, the bills focus on preventing businesses from discriminating by using AI algorithms.

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Ahead of the New Mexico session starting Jan. 21, state Rep. Christine Chandler (D) prefiled HB-60, called the Artificial Intelligence Act. AI developers should “use reasonable care to protect consumers from known or foreseeable risks of algorithmic discrimination arising from intended and contracted uses of a high-risk artificial intelligence system,” it says.

Similar language appears in a Massachusetts measure that state Rep. Francisco Paulino (D) filed. HD-396 says, “Developers must use reasonable care to identify, mitigate, and disclose risks of algorithmic discrimination.”

Meanwhile, Hawaii Sen. Karl Rhoads (D) filed SB-59, prohibiting “users of algorithmic decision-making from utilizing algorithmic eligibility determinations in a discriminatory manner.”

AI discrimination bills also appeared this week in Virginia (see 2501080054) and New York state (see 2501070076). Meanwhile, Connecticut has a coming bill that sponsor Sen. James Maroney (D) said dovetails with the state’s 2022 comprehensive privacy law (see 2412200047). Also, Texas Rep. Giovanni Capriglione (R) prefiled an AI discrimination bill (HB-1709) last month.