Bipartisan Group Warns 10-Year Ban on State AI Regulations Threatens Public Safety and State Sovereignty
Note: The Full Letter is available for download at the bottom of this page.
[SACRAMENTO, CA] — Today, a bipartisan and bicameral coalition of over 30 California state legislators sent a letter to the U.S. House of Representatives Speaker Mike Johnson, Minority Leader Hakeem Jeffries, and the California congressional delegation expressing strong concern to proposed language in the Budget Reconciliation Bill that would enact a 10-year moratorium on state-level enforcement and regulation of artificial intelligence (AI).
The legislators argue that the proposed moratorium jeopardizes public safety, undermines state sovereignty, and fails to uphold the United States' legacy of fostering innovation through responsible regulation. The letter highlights that California—home to 32 of the world's 50 leading AI companies—has taken a thoughtful approach to AI regulation that seeks to foster innovation while protecting consumers.
"We are incredibly proud to stand together across party lines to champion responsible AI innovation," said Assemblymember Rebecca Bauer-Kahan. "This is not a partisan issue: it's about protecting our children, our constitutional rights as states, and America's leadership in developing technology that is both transformative and trustworthy. The federal government shouldn't tie states' hands for an entire decade when we're just beginning to understand AI's potential and its risks. California has demonstrated that thoughtful regulation can protect consumers while fostering a thriving AI ecosystem."
"A decade-long, blanket prohibition on all state regulation of this expansive and emergent technology is reckless, unnecessary, and likely unconstitutional," the letter states.
The legislators specifically express concern about the moratorium's impact on states' ability to address numerous AI-related harms, including:
- The rapid proliferation of AI-generated child sexual abuse materials
- AI-generated deepfake nude images of minors circulating in schools
- Companion chatbots developing inappropriate relationships with children
- AI algorithms exposing young people to violent pornography
Several of these legislative efforts have received bipartisan support, underscoring the shared concern about the risks AI poses to children and vulnerable communities.
The letter emphasizes that in the absence of federal AI legislation, states must retain their constitutional authority to protect their citizens from AI-related harms. It also suggests that the proposed moratorium may conflict with the Tenth Amendment to the United States Constitution, citing the Supreme Court's ruling in Murphy v. NCAA that Congress cannot direct states to refrain from legislating within their borders.
"We recognize the undesirability of a 'patchwork' of disparate state regulations, and we support targeted, smart regulation of high-risk artificial intelligence systems at the federal level," the legislators write. "We urge you to pursue a collaborative approach, where federal and state governments craft a robust AI regulatory framework."
The letter argues that states should continue to serve their traditional roles as "laboratories for devising solutions to difficult legal problems," in the meantime, providing templates for targeted federal regulation that appropriately balances innovation and consumer protection.
Signatories:
- Rebecca Bauer-Kahan, Assemblymember, 16th District
- Buffy Wicks, Assemblymember, 14th District
- Tina McKinnor, Assemblymember, 61st District
- Liz Ortega, Assemblymember, 20th District
- Tasha Boerner, Assemblymember, 77th District
- Marc Berman, Assemblymember, 23rd District
- Isaac Bryan, Assemblymember, 55th District
- Jacqui Irwin, Assemblymember, 42nd District
- Sade Elhawary, Assemblymember, 57th District
- Chris Ward, Assemblymember, 78th District
- Alex Lee, Assemblymember, 24th District
- Avelino Valencia, Assemblymember, 68th District
- Patrick J. Ahrens, Assemblymember, 26th District
- Corey A. Jackson, Assemblymember, 60th District
- Gail Pellerin, Assemblymember, 28th District
- Jesse Gabriel, Assemblymember, 46th District
- John Harabedian, Assemblymember, 41st District
- José Luis, Jr. Solache, Assemblymember, 62nd District
- Cottie Petrie-Norris, Assemblymember, 73rd District
- Pilar Schiavo, Assemblymember, 40th District
- Lisa Calderon, Assemblymember, 56th District
- Blanca Pacheco, Assemblymember, 64th District
- Mike A. Gipson, Assemblymember, 65th District
- LaShae Sharp-Collins, Assemblymember, 79th District
- Lori D. Wilson, Assemblymember, 11th District
- Juan Alanis, Assemblymember, 22nd District
- Josh Lowenthal, Assemblymember, 69th District
- Joe Patterson, Assemblymember, 5th District
- Matt Haney, Assemblymember, 17th District
- Carl DeMaio, Assemblymember, 75th District
- Tom Umberg, Senator, 34th District
- Scott Weiner, Senator, 11th District
- Jerry McNerney, Senator, 9th District
- Susan Rubio, Senator, 22nd District
- Aisha Wahab, Senator, 10th District
