Republican Tennessee Rep Files Strong AI Regulatory Bill Which Could Conflict With Trump Executive Order

Image Credit: Representative Mary Littleton / Facebook and The White House / Facebook

The Tennessee Conservative [By Olivia Lupia] –

For what will be her final legislative session, Rep. Mary Littleton (R-Dickson-District 78) has introduced legislation targeting dangerous artificial intelligence (AI) practices, seeking to create severe consequences for using the technology to cause harm or impersonate a human being. But this bold action could conflict with a new Trump Executive Order which calls for eliminating individual state regulations on the industry.

The summary of HB1455 says the bill will create a Class A felony offense for “knowingly training artificial intelligence to encourage the act of suicide or criminal homicide, or act in specific manners, including developing an emotional relationship with an individual or simulating a human being, including in appearance, voice, or other mannerisms.”

Tennessee has already passed the ELVIS Act, which protects musicians from AI theft, but Littleton’s bill broadens the scope of regulation, targeting both general AI software and programs with a chatbot system.

The bill does make exceptions for a bot that is used solely for a business’ customer service or operational functions like productivity and analysis, internal research, or technical assistance. It also precludes a bot that is a specific feature of a video game that is limited to replies about the video game and cannot discuss any unrelated topics including mental health, self-harm, or sexually explicit content. 

The only other exception would be a “stand-alone consumer electronic device that functions as a speaker and voice command interface, acts voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs that are likely to elicit an emotional response in the user.”

Under the definitions of what would constitute “unlawful training of artificial intelligence”, the bill text not only covers encouraging suicide or support of criminal homicide, but also explicitly states training AI to provide emotional support through open-ended conversations, develop an emotional relationship with or act as a companion to an individual, or act as a mental health or healthcare professional would all constitute a criminal act.

Several other clauses under this section also clearly specify AI cannot be used to “otherwise act as a sentient human or mirror interactions that a human user might have with another human user,” including causing an individual to feel they could develop a “friendship” with the AI or encouraging an individual to isolate from their family, friends, or caregivers.

Should a violator be convicted, a Class A felony carries 15-60 years in prison and/or a fine up to $50,000. And in addition to the criminal penalties created by the bill, it also provides for an affected individual to bring a civil cause of action against the violator.

HB1455 could have come as a response to the Tennessee Intelligence Advisory Council report earlier this month which recommended the state expand its AI regulations beyond the ELVIS Act to ensure proper growth without “stifling innovation.”

But a new Executive Order (EO), “Ensuring A National Policy Framework For Artificial Intelligence”, from President Trump could cause a speedbump in passing this legislation. Enacted Dec. 11, the EO seeks to create one, “minimally burdensome national standard- not 50 discordant State ones” to regulate AI.

“The resulting framework must forbid State laws that conflict with the policy set forth in this order. That framework should also ensure that children are protected, censorship is prevented, copyrights are respected, and communities are safeguarded. A carefully crafted national framework can ensure that the United States wins the AI race, as we must,” reads the order.

The EO also calls for the U.S. Attorney General to establish an AI Litigation Task Force within 30 days, “whose sole responsibility shall be to challenge State AI laws inconsistent with the policy set forth in this order,” It further requires that within 90 days, an evaluation must be published of existing State AI laws which conflict with the order and should be referred to the litigation task force. 

It expounds, “At a minimum, [the evaluation] shall identify laws that require AI models to alter their truthful outputs, or that may compel AI developers or deployers to disclose or report information in a manner that would violate the First Amendment or any other provision of the Constitution.”

36 state Attorneys General, including Tennessee’s Jonathan Skrmetti, previously signed a letter asking the President not to issue any EO banning state laws regulating AI, and at the time, Skrmetti signaled a willingness to sue the administration should anything in the order affect the state’s enforcement of AI-related laws. 

“Somebody has to be the watchdog,” he said. “If the federal government wants to come in with a comprehensive plan, that’s great, but in the meantime, we can’t just give them a blank slate and the ability to do whatever they want.”

The AG has not yet commented on the EO now that it has been officially signed.

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.