Illinois AI laws at risk in U.S. budget bill
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The U.S. Senate is weighing a provision in the budget, which already passed the House, banning the enforcement of state artificial intelligence laws for 10 years
Why it matters: For many AI skeptics, state laws represent a bulwark against privacy, security and potential discrimination risks as the technology gains rapid acceptance at the federal level by the Trump administration.
Zoom in: Since 2024, Illinois has passed at least three AI laws that would be nullified for a decade if the provision passes.
- "The ELVIS Act," which Illinois passed after Tennessee to prohibit AI-generated digital replicas of a person's image, likeness or voice without consent.
- A change to the Illinois Human Rights Act last year restricts employers from using AI in discriminatory ways as part of the hiring process.
- A new law was passed through the General Assembly this year that would make Illinois the first state to require online mental health therapists to be real licensed people, not AI-generated therapists.
What they're saying: "Even if a company deliberately designs an algorithm that causes foreseeable harm — regardless of how intentional or egregious the misconduct or how devastating the consequences — the company making that bad tech would be unaccountable," a coalition of 140 tech, civil society and education groups said in a letter to House leaders.
The other side: During OpenAI CEO Sam Altman's Senate testimony last month, he emphasized the importance of clear federal rules and said it's onerous for the industry to have to operate under different rules in different states, Axios Pro reported.
The intrigue: At least one House member, Rep. Marjorie Taylor Greene (R-Ga.), who voted for the budget bill, said she wasn't aware of the AI provision and would have opposed it.
- Illinois Republican Reps. Mike Bost and Mary Miller who voted for the bill did not respond to Axios' questions about support for the AI provision. Rep. Darin LaHood's office, however, says he supports the moratorium on AI laws.
What's next: Some Republican Senators, including Josh Hawley (R-Mo.) and Marsha Blackburn (R-Tenn.) have said they don't support a state AI law ban.
- But a GOP staffer told Axios Pro it has a solid chance of passing in the Senate because few senators have come out against it and they have bigger priorities for the reconciliation bill, such as getting savings from Medicaid.
Editor's note: This story has been updated to reflect Rep. Darin LaHood's response.