TL;DR: While Congress sits on its hands, state legislatures have introduced over 300 AI bills in the first six weeks of 2026. The focus: chatbot safety for kids, surveillance pricing bans, and algorithmic discrimination protections. Colorado's AI Act kicks in June 30. Washington might ban personalized pricing. Oregon just passed a chatbot safety bill 26-1 in the Senate. The Trump administration is threatening to sue states that regulate "too aggressively." States aren't backing down: 36 attorneys general sent a joint letter telling the feds to stay out of their lane.
The Scale of What's Happening
Six weeks into 2026 and state legislators have already introduced over 300 AI-related bills. That's not a typo. Three hundred bills across nearly every state, with more coming weekly.
Why? Because Congress hasn't passed a single comprehensive AI law. The EU has the AI Act. China has AI regulations. The United States has... executive orders and voluntary commitments.
So states are doing it themselves. And the bills actually have teeth.
The Chatbot Safety Wave
At least 51 bills in 2026 specifically target AI chatbots, particularly their interactions with minors. After the Sewell Setzer case in 2024, where a 14-year-old died after an intense relationship with a Character.AI chatbot, legislators stopped waiting for tech companies to self-regulate.
Washington's HB 2225 and SB 5984
Governor Bob Ferguson backed these companion bills with specific requirements:
- Chatbots must remind users they're talking to AI every three hours
- Explicit content banned for minors
- Mandatory suicidal ideation detection and crisis protocols
- Ban on "emotionally manipulative engagement techniques": things like excessive praise or simulated emotional distress to keep users hooked
SB 5984 already passed the full Senate. Its companion bill is on second reading in the House.
Oregon's SB 1546
Oregon's chatbot bill passed the Senate 26-1 on February 19. It requires:
- Clear disclosure that users are interacting with AI
- Human support connections during mental health crises
- Age-appropriate design for minors
- Warnings that platforms may not be suitable for children
- Prohibition on promoting sexually explicit content to minors
A 26-1 vote in a divided legislature tells you something: this isn't partisan. Parents across the political spectrum don't want AI chatbots grooming their kids.
Florida's AI Bill of Rights
Governor DeSantis's office pushed SB 482, billed as a comprehensive "AI Bill of Rights" package. It's in the Senate Appropriations committee. Details are still emerging, but the focus is on minors and personal data.
Surveillance Pricing Bans
Sixty-two bills currently target algorithmic pricing: the practice of using your personal data to charge you more than the next person for the same product.
Washington's HB 2481
This is the aggressive one. HB 2481 would:
- Ban surveillance-based price discrimination entirely
- Prohibit surge pricing for retail goods
- Mandate uniform pricing (same price for everyone)
- Impose a four-year moratorium on electronic shelf labels in stores over 15,000 square feet
The House Technology committee passed it 8-3 on January 28. It's now in Appropriations.
Industry groups are screaming. The Washington Policy Center published a piece calling it an "innovation killer." That usually means it threatens profit margins.
Other States Moving on Pricing
- Iowa SF 2278: Bans personalized and surveillance pricing at food retail
- Rhode Island H 7764: Prohibits algorithmic rent pricing by landlords
- New York's Algorithmic Pricing Disclosure Act: Already passed. Requires disclosure when algorithms set personalized prices
- Maryland HB 148: Surveillance pricing prohibitions
- Tennessee SB 1998: Consumer protections against algorithmic pricing
If you've ever noticed that airline tickets cost more after you searched for them twice, or that your grocery bill varies depending on when you shop, these bills are about you.
Colorado's AI Act: The June 30 Deadline
Colorado SB 24-205 is the most comprehensive state AI law in the country. It takes effect June 30, 2026, four months away.
Here's what it requires:
For AI Developers
- Use "reasonable care" to prevent algorithmic discrimination
- Report to the Colorado AG within 90 days if you discover your AI causes or is likely to cause discrimination
- Notify all known deployers of the system
For AI Deployers (Companies Using AI)
- Conduct impact assessments before deployment and annually thereafter
- Update assessments within 90 days of any system modification
- Apply to "high-risk" decisions: education, employment, lending, government services, healthcare, housing, insurance, legal services
Enforcement
Violations are treated as unfair trade practices under the Colorado Consumer Protection Act. Penalties: up to $20,000 per violation.
If your company uses AI to make decisions about hiring, lending, insurance, or housing (and you do business in Colorado) June 30 is your deadline.
The Federal Pushback
The Trump administration isn't happy about states regulating AI. On December 11, 2025, President Trump signed an executive order designed to preempt state AI laws.
The order creates an "AI Litigation Task Force" within the DOJ. Starting January 10, 2026, this task force has been authorized to sue states over AI laws that are:
- "Unconstitutional" burdens on interstate commerce
- Preempted by federal regulations
- "Otherwise unlawful" in the Attorney General's judgment
The Commerce Department is ordered to publish a list of "overly burdensome" state AI laws by March 11, 2026.
Here's the kicker: The order threatens to withhold $42 billion in broadband infrastructure funding from states that don't repeal AI regulations deemed "onerous."
But there's a carve-out that matters. The order explicitly cannot preempt state laws on:
- Child safety
- State government AI procurement
- AI compute and data center infrastructure
That carve-out is why the chatbot safety bills keep moving. The feds can't touch them.
States Fighting Back
On November 25, 2025, 36 state attorneys general sent Congress a joint letter: stay out of our lane.
The letter opposed any federal legislation that would restrict states from passing AI consumer protection laws. Their argument: states have always regulated consumer protection, civil rights, and public safety. AI doesn't change that.
This coalition crosses party lines. Republican and Democratic AGs agree on one thing: Washington doesn't get to tell them how to protect their constituents.
What's Coming Next
Based on current legislative momentum:
- Washington's chatbot bill (SB 5984): Likely to pass House within weeks
- Oregon's SB 1546: In the House, expected to pass with similar margins
- Colorado's AI Act: Taking effect June 30, will be first real enforcement test
- Surveillance pricing bills: Expect more states to follow Washington's lead
- California: Already has 20+ bills in play, including workplace AI surveillance disclosure requirements (AB 1898, AB 1883)
What This Means for You
If You're a Parent
These chatbot bills could give you real legal recourse if AI harms your kid. Watch Oregon, Washington, and Florida. If your state isn't on the list, call your legislators. The template bills exist: they just need sponsors.
If You're a Consumer
Surveillance pricing bills could end the "different price for different people" game. New York already requires disclosure. Washington might ban it outright. Pay attention to where your state stands.
If You're a Business
Colorado's June 30 deadline is real. If you use AI for hiring, lending, insurance, or housing decisions, you need compliance plans now. Impact assessments aren't optional.
If You Care About Privacy
State laws are your best shot at AI accountability in 2026. Federal law isn't coming. Support your state AG if they're part of the 36-state coalition. Oppose federal preemption efforts.
Track It Yourself
Several organizations maintain real-time AI legislation trackers:
References
- Transparency Coalition: AI Legislative Update: Feb. 20, 2026
- OPB: Washington State Lawmakers Look to Protect Minors from AI Chatbots (January 18, 2026)
- Colorado General Assembly: SB24-205 Consumer Protections for Artificial Intelligence
- Washington State Legislature: HB 2481 Surveillance Pricing
- King & Spalding: New State AI Laws vs. Trump Executive Order (January 2026)
- ComplianceHub: Is 2026 the Year of the Chatbot Bill?
- Skift: States Push New Laws Targeting AI 'Surveillance Pricing' (February 13, 2026)
- White & Case: State AI Laws Under Federal Scrutiny (January 2026)