Month: February 2025

  • AI is Coming to a Legislature Near You

    by Jessica Chapman

    Can you believe Siri is a teenager? The digital assistant first became available as an iOS app in 2010. Amazon’s Alexa started interrupting living room and kitchen conversations not long after in 2014. These technologies exposed many people to artificial intelligence for the first time.

    These days, “AI” seems to touch every part of our lives in some way or another. We’re exposed to it daily in online customer service, map applications, weather forecasting, email reminders, and autocomplete functions (when texting for example). AI-enhanced robots clean airplanes now. AI Note Takers join our meetings. We have self-driving cars!  

    And while AI certainly predates Siri’s arrival, the decade and a half since her appearance on iPhones has hosted a genuine groundswell of innovation in, attention to, and curiosity (plus anxiety) about artificial intelligence that continues to build to this day.

    In tandem with these technological advances, state legislatures including our own have been working to wrap their arms around artificial intelligence from a policy perspective. It’s an ongoing and unfolding situation complicated by the fact that states and municipalities are considering bills and passing (or vetoing in some cases) laws pretty much every week.

    In 2024 alone, 31 states – including Colorado – adopted resolutions or enacted legislation to study AI. HB 24-1468 created Colorado’s Artificial Intelligence Impact Task Force consisting of a bipartisan membership of 26 legislators and industry and public interest experts and professionals.

    At the task force’s October meeting, a presenter from TechNet, a bipartisan network of technology executives, shared that 17 bills related to artificial intelligence had passed in California since the previous task force meeting just over a month earlier. Just in California!

    The National Conference of State Legislatures has been working to keep up too. The organization only began specifically tracking artificial intelligence legislation in 2019. Its task force on cybersecurity and privacy reorganized and expanded in 2023 due to what NCSL’s executive committee saw as the growing importance of AI.

    The leaps and bounds in interest in artificial intelligence among state legislatures show up in the numbers. NCSL records indicate there were about 125 measures involving artificial intelligence introduced across the United States and its territories in 2023. In 2024, that number more than doubled to over 300.

    (These numbers pertain to AI generally and don’t include legislation related to specific AI technologies like facial recognition, deepfakes, and self-driving cars. NCSL tracks those issues separately.)

    “There is a swelling interest from the states because of a lack of federal action,” says Chelsea Canada, program principal of NCSL’s Financial Services, Technology and Communications Program. “It’s been a flurry of activity that continues to increase.”

    In addition to HB24-1468, Colorado passed two other bills related to AI during the 2024 session: One related to the use of deepfakes in elections (HB 24-1147) and one that creates a regulatory structure for artificial intelligence (SB 24-205).

    SB 24-205, commonly referred to as the Colorado Artificial Intelligence Act, or CAIA, has generated discussion and comment from the task force and news sources for being among the first legislation of its kind in the United States to regulate what it terms “high-risk” artificial intelligence systems. (Utah passed the Utah Artificial Intelligence Policy Act in March.)

    “High-risk,” according to the Colorado’s CAIA, means AI systems that make or are a substantial factor in making a “consequential” decision.

    CAIA offers Colorado consumers recourse to address what it describes as “algorithmic discrimination” which can occur when high-risk AI plays a role in hiring practices, housing and loan applications, and other consumer services.

    Tech giants including Google, Amazon, Microsoft, and IBM have appeared before the state’s task force to weigh in on provisions of the SB 24-205, which does not go into effect until February 1, 2026.

    So far in the 2025 session, there are two bills related to AI under consideration by Colorado’s general assembly – SB 25-022, which contemplates the use of AI to fight wildfires, and HB 25-1212, which would create certain whistleblower protections for employees of artificial intelligence developers.

    According to the NCSL’s Chelsea Canada, states have been looking to the federal government and elsewhere for guidance on how to approach AI regulation, as there is not yet a consensus even on the definition of artificial intelligence. The relative immaturity of the industry poses challenges since AI technologies operate across state and national borders.

    Plenty of parties are eager to plant their flags though.

    The White House issued an executive order in October 2023 laying out principles for “safe, secure, and trustworthy development and use of artificial intelligence.” The federal government followed up on that order in October 2024 with additional AI guidance aimed specifically at United States military and intelligence agencies.

    The Organization for Economic Cooperation and Development has also taken a stab. In mid-February, France hosted the third annual Artificial Intelligence Action Summit convening over 1,000 participants representing over 100 countries.

    Trade organizations are getting in on the game too.

    The American Bar Association issued a formal opinion in July 2024 on how lawyers should approach the use of AI. Industry insiders are closely following lawsuits working their way through the court system for direction on how to handle artificial intelligence.

    A quick search reveals lawsuits that make accusations of price-fixing, health care denials, and even, sadly, wrongful death at the hand of artificial intelligence. How these cases resolve could influence future legislation.

    We at the Office of Legislative Legal Services have been evaluating if and how to permit artificial intelligence into drafting and editing operations as well. The office convened a task force during the 2024 interim to survey our 60-plus employees on our awareness of and familiarity with AI tools.

    As a result of its efforts, OLLS now has an in-house policy on the use of AI, which dictates that “OLLS employees shall not upload, enter, or otherwise incorporate confidential information into GAI [generative AI] or instruct GAI to generate confidential information.” Generative AI is a type of AI – the most well-known example is ChatGPT – that creates new content based on user inputs.

    “We’re interested in exploring how AI technology can be used to improve our work product and enhance the service that we provide to the members of the General Assembly,” says Director Ed DeCecco. “But the use of AI must also be consistent with our statutory and ethical obligations of confidentiality. With that perspective, we are continuing to review how and if AI can be effectively used in our work.”

    Stay tuned, and welcome to the Wild West of AI!

    Says NCSL’s Chelsea Canada, “It’s an area that is emerging and evolving, and the interest is expanding and the work is increasing because members are more and more interested.”

    Artwork generated by magicstudio.com (a generative AI tool) in response to the prompt “artificial intelligence in the legislative environment.”

  • Tribute, Resolution, or Memorial – Making the Right Choice

    Editor’s note: This article was last posted on April 8, 2021, and has been edited as appropriate.

    Updated by Sarah Meisch

    When legislators wish to show support for individuals or groups, make public statements about issues or concerns, or ask Congress to take action on a matter, they may request a tribute, resolution, or memorial to get the job done. Legislators decide what they wish to do, and the legislative rules direct them how to get it done.

    This handy guide sums up these rules for making the right choice. For example, if a legislator wants to congratulate someone, a tribute is the way to go. It is an appropriate and efficient way to send congratulations to people or organizations or to recognize service to the state. In fact, whenever a legislator wishes to “officially” congratulate, recognize, express appreciation, commemorate, or even create a day of recognition, the rules pretty much scream “tribute”.

    Tributes

    Tributes are non-legislative actions and DO NOT require introduction, calendaring, or floor action.

    Tributes are a very efficient and effective way for legislators to show support for individuals or groups. Legislators are not limited in the number of tributes they may request, but they do need permission from the Speaker of the House or the President of the Senate (depending on the house of origin) before the tribute can be issued. The tribute’s content is unique to each request and is designed to fit the needs of each requestor. It may be short and created fairly quickly, or it may be longer and more detailed (based on information provided by the legislator). Tributes are easier to present to an individual or a group as they can be scheduled around the recipient and legislator’s calendars rather than the legislative calendar. In addition, they can go on the road—the legislator can conveniently award them anywhere and anytime.

    Tributes are personalized and look special. They are printed in a special font, on special paper, and placed in a special folder or, if preferred (and at a slight cost), in a frame for display. Tributes are signed by the Speaker or the President, as appropriate, or, in the case of joint tributes, both.

    House Tributes:

    • The House will not issue a tribute unless the Speaker of the House has given permission;
    • The Chief Clerk of the House maintains copies of each tribute issued for two years.

    Under House Rule 26A, a request should be a tribute if it pertains to any of the following:

    • Offering congratulations for significant public achievement;
    • Recognizing meritorious individual achievement;
    • Expressing appreciation for service to the state or the General Assembly;
    • Recognizing an individual’s service in the military (except in the case of recognizing an individual who died while serving, which may be done by House Resolution or Joint Resolution, see House Rule 26 (a)(2)(C));
    • Extending greetings to prominent visitors to the state;
    • Recognizing or commemorating any individual, organization, or group for a significant event or accomplishment;
    • Congratulating the members of an academic or athletic organization for achieving a specific historical, scientific, educational, or athletic goal, such as winning a league, state, or national title, competition, or championship; or
    • Designating a specified day for observing any of the achievements, events, service, or accomplishments set forth above.

    Senate Tributes:

    • Tributes are signed by the President of the Senate;
    • Tributes are printed in the journal following the issuance;

    Under Senate Rule 30A, a request should be a tribute if it pertains to any of the following:

    • Offering congratulations for significant public achievements;
    • Recognizing meritorious individual achievement;
    • Expressing appreciation for service to the state or the General Assembly;
    • Recognizing an individual’s service in the military; or
    • Extending greetings to prominent visitors to the state.

    The House and the Senate Rules state that a request should be a Memorial Tribute or a Joint Memorial Tribute if it expresses sentiment on the death of a person who has not served as a member of the General Assembly (except for the House exceptions listed above regarding military, law enforcement, and firefighting personnel who died while serving) or, in the Senate, meets the exceptions allowed under the rules for Senate Memorials and Joint Memorials in Senate Rule 30 (d).

    All requests for tributes must be submitted to the Chief Clerk of the House or the Secretary of the Senate, as appropriate, or to their designated staff.

    Resolutions

    Resolutions are non-statutory actions but DO require introduction, calendaring, and floor action.

    House Resolutions:

    • Representatives are limited to a total of two resolutions or joint resolutions, unless they receive special permission.
    • Resolutions and joint resolutions must be introduced prior to the last thirty legislative days as required in Joint Rule 23 (g)(2).
    • Upon introduction, they are read into the record by title only and copies are printed.
    • At the discretion of the Speaker, they can either be laid over for one day before being acted on or referred to a committee of reference.
    • No action is taken on the resolution or joint until it is printed.

    Under House Rule 26, House Resolutions or House Joint Resolutions pertain to:

    • Transacting the business of the House or the House and the Senate;
    • Establishing committees comprised of House members or members of both houses;
    • Recognizing an individual member of the armed forces of this country who has died while serving in the armed forces or an individual member of a police, sheriff, or fire department who has died while performing duties for the department;
    • Recognizing a national holiday; or
    • Expressing the will of the House or both houses on a matter not mentioned in House Rule 26A (i.e., not a tribute).

    In addition, but only in the House, pursuant to House Rule 26 (a)(3.5):

    • The Speaker, after consulting with the Majority Leader, may approve up to six resolutions for introduction recognizing or commemorating an individual, organization, or group for a significant event or accomplishment (i.e., which would normally have to be addressed through tributes); and
    • The Speaker, after consulting with the Minority Leader, may approve up to four resolutions for introduction recognizing or commemorating an individual, organization, or group for a significant event or accomplishment (i.e., which normally would have to be addressed through tributes).

    Senate Resolutions:

    • Senators are limited to a total of three resolutions or joint resolutions, unless they receive special permission.
    • Resolutions and joint resolutions must be introduced prior to the last thirty legislative days as required in Joint Rule 23 (g)(2).
    • Upon introduction, they are printed in the journal by title only and copies are printed.
    • At the discretion of the President, they can be acted on immediately, laid over, or referred to a committee of reference.
    • Resolutions and joint resolutions that the Majority Leader identifies as noncontroversial may be placed on the consent calendar.

    Under Senate Rule 30, Senate Resolutions or Senate Joint Resolutions pertain to:

    • Transacting the business of the Senate or the Senate and the House;
    • Establishing investigating committees comprised of Senate members or members of both houses; or
    • Expressing the will of both houses on a matter not mentioned in Senate Rule 30A (i.e., not a tribute).

    All requests for resolutions and memorials must be submitted to the Office of Legislative Legal Services. In 2025, the deadline for requesting resolutions and memorials is Friday, April 4, and the deadline for introducing resolutions and memorials is Monday, April 7.

    Memorials

    Memorials are non-statutory actions but DO require introduction, calendaring, and floor action.

    House Memorials:

    • At the discretion of the Speaker, a former member of the House may be admitted to the House floor to address House members regarding the person being memorialized.
    • The House must stand in recess to hear an address by a former member.

    Under House Rule 26 (a)(4), the request is a House or House Joint Memorial if it expresses sentiment on the death of a person who served as a member of the General Assembly.

    Senate Memorials:

    • At the discretion of the President, a former member of the Senate may be admitted to the Senate floor to address Senate members regarding a memorial expressing sentiment on the death of a person who served as a member of the Senate.

    Under Senate Rule 30 (d), the request is a Senate or Senate Joint Memorial if:

    • It expresses sentiment on the death of a person or persons who served as members of the General Assembly, current or former elected State officials, current or former justices of the Colorado Supreme Court, members of Congress, elected officials of other states or of the United States, or foreign dignitaries; or
    • It memorializes the U.S. Congress on any matter.

    All requests for resolutions and memorials must be submitted to the Office of Legislative Legal Services. In 2025, the deadline for requesting resolutions and memorials is Friday, April 4, and the deadline for introducing resolutions and memorials is Monday, April 7.