Over 200 state lawmakers from across the country are calling on members of the House and Senate to reject a proposal that would preempt some state regulations of artificial intelligence for three years, citing concerns about the technology's impact on children, artists, creators and workers.
The letter, sent by 203 state lawmakers to Congress on Tuesday, was organized by the nonprofit Americans for Responsible Innovation. The group includes 104 Democrats, 98 Republicans and one independent legislator. The letter specifically references a measure included in a discussion draft of a national framework on AI being floated by Reps. Jay Obernolte (R-Calif.) and Lori Trahan (D-Mass.) in the House.
The proposal would override state regulations targeting AI model development for three years, though it would not necessarily preempt state laws dictating how AI is used once released. The draft expressly does not preempt laws of general applicability, common law remedies, or laws regulating AI use or deployment, according to a summary of the measure.
What the Left Is Saying
Progressive lawmakers and consumer advocacy groups argue that preempting state regulations would leave vulnerable populations without protections during a critical period of technological change. The letter from state legislators stated: "We take seriously our responsibility to safeguard our constituents from AI harms to children, workers, artists and creators, families, and consumers."
Democratic state lawmakers echoed concerns about the timing of such a measure. "The lessons of the social media era are clear: allowing Silicon Valley to write its own rulebook leaves industry unaccountable and leaves American families vulnerable to AI's dangers," the letter stated.
Some Democratic members of Congress have also expressed skepticism about preemption provisions, arguing that states should retain authority to respond quickly to emerging harms while federal frameworks develop.
What the Right Is Saying
Conservative state legislators who signed the letter emphasized their concern about federal overreach limiting their ability to address local needs. The lawmakers wrote that the preemption provision "would freeze a sweeping set of state laws and tie the hands of lawmakers at a moment of rapid technological transformation."
Some Republican governors have previously shown willingness to break with President Trump on AI regulatory issues, reflecting broader conservative principles of limited government and states' rights.
Industry groups advocating for the preemption approach argue that a uniform federal standard would provide clarity for AI developers and prevent a patchwork of conflicting state regulations that could hinder innovation and competitiveness against foreign competitors.
What the Numbers Show
203 total state lawmakers signed the letter to Congress, including 104 Democrats, 98 Republicans and one independent. The number represents legislators from states across the country rather than a regional coalition.
The Senate came close to passing a moratorium on new state AI regulations last year, but that effort fell through at the last minute, according to congressional records. That bill did not ultimately reach a final vote.
In the House, Reps. Obernolte and Trahan have been working on a bipartisan discussion draft, though no legislation has been formally introduced as of this reporting.
Sen. Marsha Blackburn (R-Tenn.) is leading negotiations in the Senate with the White House to finalize text for an AI preemption package, her spokesperson told The Hill. The package would include bills related to protections of "kids, creators, and communities," though specific terms remain under discussion.
The Bottom Line
The letter represents a significant coordinated effort by state legislators from both parties to push back against federal preemption of their regulatory authority over AI. While the House proposal has bipartisan sponsorship, partisan disagreements over regulatory philosophy continue to complicate legislative progress.
What happens next: Congressional staff are reviewing the state lawmakers' concerns while Senate negotiations continue between Blackburn and the White House. Any final package would need to balance industry calls for regulatory clarity with demands from both parties for flexibility in addressing AI harms at the state level.
The outcome could set precedent for how federalism operates in emerging technology policy, potentially affecting how quickly states can respond to new AI applications as they enter the market.