Partnership, Not Preemption: State Legislators Stand Against Federal AI Overreach

Partnership, Not Preemption: State Legislators Stand Against Federal AI Overreach

NCSL task force argues that consultation with state partners is essential for developing meaningful, effective AI regulations.

They came from every corner of the country, armed with ideas and firsthand experiences, to deliver a shared message: States are leading the way in developing responsible, bipartisan AI policy, and any federal effort to override or restrict this work is the wrong approach.

The state lawmakers on NCSL's bipartisan Artificial Intelligence, Cybersecurity and Privacy Task Force arrived on Capitol Hill as part of the organization's mid-November Lobby Day for a lineup of meetings with members of Congress, committee staff and other stakeholders. The visits reminded federal lawmakers that state legislators are paying attention to the administration's discussions around AI and expect to be consulted in discussions about regulating this rapidly evolving technology.

The timing of Lobby Day couldn't have been better. While in Washington, U.S. House leaders sought to insert language preempting state AI laws into the must-pass National Defense Authorization Act. The effort ultimately was blocked by the bipartisan leadership of the House and Senate Armed Services Committees after strong opposition from state lawmakers.

In addition, the administration paused a draft executive order that would have blocked states from enforcing their AI laws after NCSL's task force members and other coalition partners urged Congress to speak out against this overreach. The reprieve was not to last, however. President Donald Trump signed it on Dec. 11. The order-which would strip states of their ability to protect children, workers and residents; claw back broadband funding; and impose litigation risks for noncompliant states-will likely be challenged in the courts.

'One-Size-Fits-All Rarely Works'

As AI reshapes the workforce, education, public safety, health systems and even election administration, decisions made in Washington will reverberate through every state. Legislators say that states are not waiting; they are enacting laws on transparency, procurement, workforce development, child protection and government use of generative AI. They urge Congress to recognize this momentum and ensure that any federal framework complements, rather than overrides, state innovation.

"We need partnership, not preemption," Texas Rep. Giovanni Capriglione says. "Congress and the states should be collaborating on the best ways to encourage innovation while protecting our constituents from proven harms."

State lawmakers stress that federal policy must reflect the realities of implementation on the ground, where states manage risks daily and tailor solutions to diverse community needs. Preemption, they warn, would freeze innovation and undermine states' ability to respond effectively.

"One-size-fits-all rarely works in technology policy," Connecticut Sen. James Maroney says. Capriglione and Maroney serve as co-vice chairs of the NCSL task force and, with others in the group, have come to be seen as bipartisan leaders in this space.

Task Force members report strong, bipartisan support from most congressional offices for preserving state authority and opposing federal preemption. That said, NCSL's work is not done.

Some in Congress and the administration continue to push federal preemption and are now eyeing a package of kids' online safety bills to curtail states' ability to regulate AI. NCSL and its bipartisan task force leaders reject this proposal and urge all legislators to do the same. A widely held sentiment among task force members is that these backroom deals will not produce thoughtful AI guardrails for children or anyone else, and will increase confusion, litigation and costs for states, communities and taxpayers.

NCSL and the task force believe that in this area, consultation with state partners is essential for developing meaningful, effective regulations.

Sanam Hooshidary is a legislative specialist in NCSL's State-Federal Affairs Division.