SIIA’s Letter of Concern: Constitutional Issues and Pragmatic Alternatives Regarding HB 184 on AI Oversight

The Software & Information Industry Association (SIIA) has expressed constitutional concerns regarding the current draft of HB 184 in a letter. However, SIIA argue that the bill, as currently drafted, could impose unnecessary burdens on both government agencies and the private sector. The requirement for annual assessments of AI systems by the New Mexico General Services Department is criticized as imposing needless costs, with assessments unlikely to significantly change within a year, potentially causing confusion rather than clarity. The transparency requirements for vendors, mandating the disclosure of sensitive information, are deemed risky and possibly in violation of statutory requirements. SIIA acknowledges the importance of overseeing AI systems but suggests importing language from SB 130, a study bill, as a more efficient and less risky alternative to achieve the same goals. And advocates against passing such a substantive bill in a short budget session with limited stakeholder input.