WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
As used in this chapter, unless the context requires a different meaning: "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614" means any machine learningMachine learning"Machine learning" means the development of algorithms to build data-derived statistical models that are capable of drawing inferences from previously unseen data without explicit human instruction.Va. Code § 59.1-614-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614" does not include any artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 or base artificial intelligence modelBase artificial intelligence model"Base artificial intelligence model" means a large-scale artificial intelligence system model trained on broad and diverse data to learn general patterns and relationships, serving as a foundational platform adaptable for various specific tasks or applications.Va. Code § 59.1-614 that is used for development, prototyping, and research activities before such artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 or base artificial intelligence modelBase artificial intelligence model"Base artificial intelligence model" means a large-scale artificial intelligence system model trained on broad and diverse data to learn general patterns and relationships, serving as a foundational platform adaptable for various specific tasks or applications.Va. Code § 59.1-614 is made available to deployersDeployer"Deployer" means any person doing business in the Commonwealth that deploys or uses an artificial intelligence system to make a consequential decision in the Commonwealth.Va. Code § 59.1-614 or consumers. "Base artificial intelligence modelBase artificial intelligence model"Base artificial intelligence model" means a large-scale artificial intelligence system model trained on broad and diverse data to learn general patterns and relationships, serving as a foundational platform adaptable for various specific tasks or applications.Va. Code § 59.1-614" means a large-scale artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 model trained on broad and diverse data to learn general patterns and relationships, serving as a foundational platform adaptable for various specific tasks or applications. "DeployerDeployer"Deployer" means any person doing business in the Commonwealth that deploys or uses an artificial intelligence system to make a consequential decision in the Commonwealth.Va. Code § 59.1-614" means any person doing business in the Commonwealth that deploys or uses an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 to make a consequential decision in the Commonwealth. "DeveloperDeveloper"Developer" means any person doing business in the Commonwealth that develops or modifies an artificial intelligence system that is offered, sold, leased, given, or otherwise made available to deployers or consumers in the Commonwealth.Va. Code § 59.1-614" means any person doing business in the Commonwealth that develops or modifies an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 that is offered, sold, leased, given, or otherwise made available to deployersDeployer"Deployer" means any person doing business in the Commonwealth that deploys or uses an artificial intelligence system to make a consequential decision in the Commonwealth.Va. Code § 59.1-614 or consumers in the Commonwealth. "FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614" means the FAIR AI Enforcement FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614 created in § 59.1-616. "Machine learningMachine learning"Machine learning" means the development of algorithms to build data-derived statistical models that are capable of drawing inferences from previously unseen data without explicit human instruction.Va. Code § 59.1-614" means the development of algorithms to build data-derived statistical models that are capable of drawing inferences from previously unseen data without explicit human instruction. "MisuseMisuse"Misuse" means the use of an artificial intelligence system to engage in unlawful activities that result in harm to any person.Va. Code § 59.1-614" means the use of an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 to engage in unlawful activities that result in harm to any person.
Section 59.1-614 establishes the definitional framework for the FAIR AI Act. It defines seven terms, including the two covered entity types (Developer and Deployer) and two covered platform types (Artificial intelligence system and Base artificial intelligence model). The AI system definition is broad — covering any machine learning-based system that generates outputs influencing physical or virtual environments — but expressly carves out systems used solely for development, prototyping, and research before being made available to deployers or consumers. The Deployer definition is notably narrow, limited to persons who use AI systems to make consequential decisions, though the term "consequential decision" is not itself defined.
(A) 1 A developer of a base artificial intelligence modelBase artificial intelligence model"Base artificial intelligence model" means a large-scale artificial intelligence system model trained on broad and diverse data to learn general patterns and relationships, serving as a foundational platform adaptable for various specific tasks or applications.Va. Code § 59.1-614 shall clearly and conspicuously disclose, in a manner that is appropriate for the medium of the content and is easily accessible to the user of such model, in the terms of service governing the use of such model: 1. The name of the model; 2. The developer of the model; 3. The location where the developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or modifies an artificial intelligence system that is offered, sold, leased, given, or otherwise made available to deployers or consumers in the Commonwealth.Va. Code § 59.1-614 is incorporated; 4. The release date of the most recent version of the model; 5. The date that the model's training data was most recently updated; 6. Supported languages for the model; and 7. A link to the model's terms of service.
(B) The provision of such disclosure to a user shall not be a defense to liability for any harm caused to a plaintiff.
Section 59.1-615 imposes the bill's core affirmative compliance obligation: developers of base AI models must clearly and conspicuously disclose seven categories of model information in the model's terms of service. The required disclosures are relatively lightweight — model name, developer identity, incorporation location, release date, training data recency, supported languages, and a link to terms of service — and resemble a simplified model card requirement.
Subsection (B) explicitly provides that making the disclosure does not shield a developer from liability for harm caused to a plaintiff. This is a defense-elimination provision, not an independent compliance obligation.
There is hereby created in the state treasury a special nonreverting fundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614 to be known as the FAIR AI Enforcement FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614. The FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614 shall be established on the books of the Comptroller. All fundsFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614 appropriated for such purpose shall be paid into the state treasury and credited to the FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614. Interest earned on moneys in the FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614 shall remain in the FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614 and be credited to it. Any moneys remaining in the FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614, including interest thereon, at the end of each fiscal year shall not revert to the general fundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614 but shall remain in the FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614. Moneys in the FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614 shall be used solely for the purpose of supporting state agency enforcement of artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 misuseMisuse"Misuse" means the use of an artificial intelligence system to engage in unlawful activities that result in harm to any person.Va. Code § 59.1-614, bias, and workforce disruption. Expenditures and disbursements from the FundFund"Fund" means the FAIR AI Enforcement Fund created in § 59.1-616.Va. Code § 59.1-614 shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Attorney General.
Section 59.1-616 creates a special nonreverting fund in the state treasury to support state agency enforcement of AI system misuse, bias, and workforce disruption. The fund is administered by the Attorney General, who must provide written authorization for expenditures. This section is an appropriations and administrative mechanism — it creates no compliance obligation on developers or deployers.
(A) 2 In any criminal or civil action against a defendant that is alleged to have developed or modified an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 that caused harm to a plaintiff, it shall not be a defense that the artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 autonomously caused such harm to the plaintiff.
(B) 3 In any criminal or civil action against a defendant that is alleged to have deployed or otherwise used an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 that caused harm to a plaintiff, it shall not be a defense that the alleged harm was caused by the artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or base artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or base artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614.
(C) Nothing in this section shall prevent a defendant from asserting existing available defenses at common law, including that the harm to a plaintiff was caused by the intervening or superseding conduct of another individual.
Section 59.1-617 eliminates two categories of AI-related defenses in civil and criminal litigation. Subsection (A) bars developers from asserting that harm was autonomously caused by their AI system. Subsection (B) bars deployers from asserting that harm was caused by the AI system rather than by the deployer's own conduct. These are defense-elimination provisions that modify existing litigation dynamics rather than creating new affirmative compliance duties. Subsection (C) preserves all existing common-law defenses, including intervening or superseding causation.