Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the AI Preemption topic
No spam. Unsubscribe anytime.
Committee asks whether federal AI executive order could preempt Vermont regulation; counsel says unlikely without statute
Summary
Committee members asked whether a recent federal executive order on AI could block state AI rules. Legislative counsel said an EO alone probably cannot preempt state law absent federal statute and recommended continuing state work while monitoring litigation and potential enforcement mechanisms in the EO.
During the same session, committee members asked whether a federal executive order on artificial intelligence would prevent Vermont from enacting AI laws. Unidentified Speaker 2, legislative counsel, said he reviewed the order and that an executive order alone is unlikely to be a constitutional preemption of state law because the president’s authority enforces federal statutes — and there is, at present, no comprehensive federal AI statute to preempt state regulation. "So it's kind of separately," Unidentified Speaker 2 said. "If it were upheld as a constitutional use of authority, then yes... but my legal analysis would show that it's probably not a constitutional use of his authority."
Counsel advised the committee that litigation over the order is likely and urged the committee not to halt work on state bills; he also offered to provide a more detailed walkthrough of the executive order and to arrange witnesses or webinars that explain its potential effects. Committee members said they would continue to pursue AI-related work while monitoring federal developments.
