AI used by state agencies for benefits determination, law enforcement, or public services. Here is what Michigan businesses need to know in 2026.
Michigan does not yet have a specific law for this use case, but HB 5891 — AI in Employment. Employers using AI for screening must disclose to candidates and provide appeal process.
State law does not replace federal law — you must comply with both. These federal rules apply to government ai nationwide:
Michigan's HB 5891 — AI in Employment applies to most businesses with limited exemptions. Even businesses with under 50 employees should review requirements. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Michigan is 2027. The law is still developing — monitor for final rules.
Michigan penalties for AI non-compliance: TBD. Enforcement is active. The state AG has authority to investigate and fine without prior warning.
Federal law does not currently preempt state AI laws. Michigan's HB 5891 — AI in Employment applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For very high-risk uses like government ai, consider hiring an independent third-party auditor to validate compliance.
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