Bipartisan bills on artificial intelligence and sex trafficking pass Assembly

Wisconsin Assembly taking a vote in October 2023. (Wisconsin Examiner photo)

Assembly lawmakers passed several bills on Thursday regulating how artificial intelligence is used in political campaigns and in state agencies and to limit sex trafficking in the state. Several of the bills, which are the result of work done by bipartisan task forces that were organized by Assembly Speaker Robin Vos (R-Rochester) last year, passed with support from Republicans and Democrats.

Tackling artificial intelligence

Lawmakers passed a set of two bills that are meant to regulate artificial intelligence use for campaigns and kickstart efforts to figure out how state government could use AI to improve efficiency.

AB 664 , which lawmakers approved in a voice vote, would require that political ads and communications disclose the use of artificial intelligence. The bipartisan bill comes as lawmakers across the country are grappling with how artificial intelligence and “deep fakes” could affect the 2024 elections.

Rep. Clinton Anderson (D-Beloit) said he thought it could be model legislation for states across the country.”

“We want voters to know that what you see is what you get,” Anderson said.

Specifically, the bill would require that all audio and video communications include the words “Contains content generated by AI.” Violators could face a penalty of up to $1,000 for each violation.

Rep. Adam Neylon, who coauthored the bill, agreed. He said he thinks the next few decades will be defined by AI, and that can be scary “especially when you think of the possibilities when it comes to misinformation and misleading people, especially in things as important as elections.”

“It used to be that we could trust what we see with our eyes and believe what we heard with our ears, but that’s no longer the case. With artificial intelligence, it’s getting harder and harder to know what is true,” Neylon said.

Neylon said that the bill would not be the end of the debate about AI.

“This is the beginning of looking at what we need to do when it comes to future technology like AI. This is an important first step to provide clarity to voters that protects the integrity of our elections. It allows people the tools to determine fact from fiction.”

The second bill — AB 1068 — also passed in a voice vote. It would require state agencies in Wisconsin to conduct an audit of how each agency is using artificial intelligence tools to increase efficiency and carry out the agency’s functions. That audit would include an inventory of each AI tool being used or developed, a summary on written guidelines that govern the use of AI, policies aimed at ensuring privacy and any data collected and used with AI.

The bill would also require that agencies report to the Legislature in 2026 state positions that could be made more efficient using AI and, in 2030, to set a goal number of positions that could be cut from the agency using AI.

Rep. Nate Gustafson (R-Fox Crossing) said during a press conference ahead of the floor session that it was “flat out false” that the bill would be used to replace state workers with AI.

Limiting sex trafficking and supporting victims

The Assembly also passed a slate of bills meant to address sex trafficking. The bills are the results of public hearings and research done by a task force organized by Assembly Speaker Robin Vos (R-Rochester) and chaired by Rep. Jerry O’Connor (R-Fond Du Lac).

“We wanted to see what can we do to slow down this process and reduce the incidents of sex trafficking in Wisconsin,” O’Connor said of the task force at a press conference Thursday morning.

In Wisconsin, the National Human Trafficking Hotline has identified 796 cases of human trafficking with 1,640 victims being identified in the cases since 2007. Wisconsin also received an “F” on the 2022 Shared Hope International Report Card , which grades states’ approach to handling the issue of sex trafficking based on criminal provisions, identification and response to victims, continuum of care, access to justice for victims, tools for a victim-centered criminal justice response and prevention and training.

A pair of bills passed by lawmakers would tighten penalties for certain sex trafficking crimes. The first one — AB 972 — would increase the penalty for a person found guilty of soliciting prostitution from a Class H felony to a Class G felony. It passed in a voice vote.

“One of the reasons why sex trafficking is thriving here in Wisconsin is because our current penalties are often less than the cost of the action,” Rep. Rick Gundrum (R-Slinger) said, adding that the increased penalties would help address this. “Wisconsin is no place for human trafficking.”

A Class G felony is punishable by a term of imprisonment not to exceed 10 years. The bill also establishes mandatory minimum sentences, including six months or three months if the person completes a treatment and education program approved by the court for a first offense, 12 months for a second offense, two years for a third offense and three years for a fourth offense.

The second bill — AB 970 — would add “keeping a place of prostitution” to the list of offenses that require someone to register as a sex offender. It passed in a 61-35 party line vote.

Two other bills seek to help support victims of sex trafficking. AB 974 would specify that child sex trafficking victims could bring civil action at any time before the age of 35 and regardless of whether someone has been prosecuted or convicted for child trafficking. AB 976 would allow witnesses who are under 18 in a criminal prosecution for a human trafficking crime to provide testimony remotely if they would suffer serious emotional distress and trauma.

“It’s easy for states to focus on mandatory minimums and more punishment, but when you’re working with victims, that’s where the challenge really comes in, to help people that have lived that horrific life,” Rep. Jill Billings (D-LaCrosse) said. She added that it would help children who are testifying against their traffickers, who have manipulated and, in many cases, tortured victims.

AB 979 , which passed 96-0, would allocate $2.5 million to the Department of Justice to provide grants to nonprofits that provide support services to trafficking victims.

Other bills focused on training employees and educating young people about the signs of sex trafficking.

AB 977 would require seventh to 12th grade students to be taught about sex trafficking prevention starting in the 2024-25 school year. Under the bill, the state Department of Public Instruction with the consultation of the Department of Children and Families would be responsible for developing curriculum and instructional materials that would need to be age appropriate and include instruction on Internet safety.

“The whole goal here: Stop trafficking before it starts, to get to the people that could be captured and get them information to help them avoid this,” O’Connor said at a press conference Thursday morning.

AB 973 would require community-based residential facility employees who have “regular, direct contact with facility residents” to receive training on identifying and preventing human trafficking crimes within 60 days after starting employment and after that at least once every two years. The bill passed in a voice vote.

School district employees would also be required to receive training in identifying victims of child trafficking under the bill.

The final bill — AB 978 — would create an ongoing Human Trafficking Council as a part of the Department of Justice. The council’s responsibilities would include compiling human trafficking prevention programs and services to maintain an online database to share information about human trafficking, reviewing the expenditure of state funds for human trafficking prevention and assessing the sex trafficking activities in each county and tracking averages across counties.

Lawmakers took action on several other bills on Thursday:

• Lawmakers passed a constitutional amendment proposal — AJR 109 — that targets diversity, equity and inclusion efforts in Wisconsin in a 62-35 party line vote. The proposal would bar the UW System, technical colleges, state agencies and other governmental entities from discriminating against or granting “preferential treatment” to people and groups based on race, sex, color, ethnicity or national origin in public employment, public education, public contracting or public administration. It’s a part of an ongoing effort by Republicans to eliminate DEI across the state. The joint resolution would need to pass the Legislature in two consecutive legislative sessions and then be approved by Wisconsin voters to become law.
• SB 462 , which would authorize the state Department of Health Services to create a framework for issuing certifications for new, 24/7 regional mental health facilities, was concurred in a vote of 97-0. The centers would be supported by $10 million that was included in the biennial budget.
• The Assembly concurred in a bill that would increase the penalties for fleeing an officer in a voice vote. Under SB 514 , fleeing an officer would become a Class H felony ; fleeing an officer and causing bodily harm or damage to property would be a Class G felony; fleeing and causing great bodily harm to another would be a Class E felony with a mandatory minimum of 1.5 years in prison and fleeing an officer and causing death would be a Class D felony with a mandatory minimum of 2.5 years in prison.

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