Passed by the Virginia General Assembly on February 20, 2025, but VETOED by Governor Glenn Youngkin on March 24, 2025. Would have made Virginia the second U.S. state to enact comprehensive AI regulation. The bill targeted machine-learning-based AI systems used as the principal basis for consequential decisions — defined as decisions with material legal or similarly significant effects on consumers regarding education, employment, financial services, health care, housing, insurance, legal services, or marital status. Developers would have been required to exercise a reasonable duty of care against algorithmic discrimination and provide deployers with documentation on system performance and limitations. Deployers would have been required to implement risk management programs, conduct algorithmic impact assessments before deployment and after significant updates, and disclose AI use to affected consumers with an opportunity to correct inaccuracies or appeal adverse decisions. Enforcement by the Virginia Attorney General with fines of $1,000 per violation and up to $10,000 for willful violations, with a 45-day right-to-cure period. Governor Youngkin vetoed citing burdens on small businesses and startups. Delegate Maldonado has indicated plans to reintroduce narrower legislation targeting healthcare in a future session.
Passed the Virginia General Assembly on March 11, 2026; pending signature by Governor Spanberger as of March 24, 2026. Expands the duties of the Division of Consumer Counsel within the Office of the Attorney General to include establishing and administering programs to address artificial intelligence fraud and abuse in Virginia. Creates mechanisms for receiving and investigating consumer complaints involving AI-related fraud and emerging technology harms, and establishes an alert system. Appropriate complaints are referred to federal, state, or local agencies charged with enforcement of applicable consumer laws. Sponsored by Delegate Jackie Hope Glass (D-Norfolk). This is an enforcement and consumer protection infrastructure bill rather than a substantive AI regulatory framework.
Passed the Virginia General Assembly on March 10, 2026; pending signature by Governor Spanberger as of March 24, 2026. Directs the Virginia Information Technologies Agency (VITA) to authorize and oversee a voluntary marketplace of independent verification organizations (IVOs) that assess AI systems and applications for adherence to industry standards. IVOs are third-party expert bodies that verify whether AI products meet heightened safety and risk prevention standards. AI products certified by an IVO earn a voluntary "gold standard" seal. Participation by AI developers and deployers is voluntary, not mandatory. The bill also directs the Joint Commission on Technology and Science (JCOTS) to evaluate the feasibility and impact of the IVO framework, considering risk magnitude, measurable risk metrics, existing mitigation standards, current assessment methodologies, and practices in other states. Budget appropriation of $450,000 for the first year to support implementation. An amended substitute was adopted replacing a mandatory framework with the voluntary VITA-governed marketplace model.