NCSL Predicts Much More State AI Legislation, Despite Expected Trump Order
Expect 2026 to be “an extremely active year around AI” in state legislatures next year, regardless of President Donald Trump’s expected executive order to curb state AI bills, National Conference of State Legislatures CEO Tim Storey said on a Tuesday webinar with reporters. Trump said Monday he will issue an order blocking state AI regulation through national standards (see 2512080056).
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“States have considered hundreds of pieces of legislation just this year on AI, and they’re being driven by businesses and individuals in their states who are asking for clarity around … the technology that’s coming so fast,” said Storey. “I think they will continue to legislate.”
“Of course, it will be determined probably by … the nature of the executive order” and “what flexibility remains for states under that,” the NCSL head said. However, states have constitutional authority “to enact laws to make the lives of their citizens better,” and “that’s what they’re doing” by passing AI legislation.
NCSL has opposed federal efforts to block state AI regulations (see 2511200051). “The states have taken the lead on this,” said Storey, “and we think this is an appropriate domain, especially absent a major legislative package” from Congress.
In addition, Storey said he sees a reexamination of federalism by state legislators. “Federalism has always been in the eye of the beholder,” where legislators from the political party that doesn’t hold federal power embrace state authority. But there’s starting to be more of a “bipartisan tenor” to federalism, “fueled partly by inaction by Congress to take on the big issues,” including AI, he said.