Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act; established.
<p class=ldtitle>A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 60, consisting of sections numbered 59.1-614 through 59.1-617, relating to Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act established.</p>
Technology
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Thomas
Last action
2026-02-18
Official status
Failed
Effective date
Not listed
Plain English Breakdown
The bill text does not provide specific details about the enforcement fund's use and exact legal defense limitations.
FAIR AI Act: Rules for Artificial Intelligence
The FAIR AI Act requires developers of base artificial intelligence models to disclose certain aspects of their systems and establishes the FAIR AI Enforcement Fund to support enforcement against misuse, bias, and workforce disruption caused by AI.
What This Bill Does
Requires developers of base artificial intelligence models to clearly inform users about certain elements related to the system in an easily accessible manner within the terms of service governing use.
Creates the FAIR AI Enforcement Fund for supporting agency enforcement against misuse, bias, and workforce disruption caused by AI systems.
Who It Names or Affects
Developers and users of artificial intelligence models made publicly available in Virginia for commercial use.
Terms To Know
Base Artificial Intelligence Model
A foundational AI system used to create other AI applications, as defined by the bill.
FAIR AI Enforcement Fund
Money set aside for supporting agency enforcement against misuse, bias, and workforce disruption caused by AI systems.
Limits and Unknowns
The bill does not specify all details of how the FAIR AI Enforcement Fund will be used.
It is unclear exactly which companies or individuals will face limitations on their legal defenses under this act.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Communications, Technology and Innovation Amendment
Plain English: The amendment modifies certain sections of HB713 to clarify and restrict the conditions under which artificial intelligence systems can be used commercially in Virginia.
Adds language requiring AI systems made publicly available for commercial use in Virginia to meet specific criteria.
Removes references to 'uses' and 'modifies' AI systems, replacing them with a more precise term: 'makes an intentional and substantial modification'.
Defines 'intentional and substantial modification' as any purposeful change that significantly alters the system's architecture, parameters, or training data.
The amendment text does not provide full context for all changes, which may limit understanding of some impacts.
Some technical details about AI systems are referenced but not fully explained in plain English.
Plain English: The amendment modifies certain sections of HB713 to clarify and restrict the conditions under which artificial intelligence systems can be used commercially in Virginia.
Adds language requiring AI systems made publicly available for commercial use in Virginia to meet specific criteria.
Removes references to 'uses' and 'modifies' AI systems, replacing them with a more precise term: 'makes an intentional and substantial modification'.
Defines 'intentional and substantial modification' as any purposeful change that significantly alters the system's architecture or training parameters.
The amendment text does not provide full context, so some implications of these changes are unclear without reviewing the original bill.
Specific impacts on AI developers and commercial users in Virginia remain to be interpreted based on how this amendment interacts with existing regulations.
Communications, Technology and Innovation Amendment
Plain English: The amendment modifies the bill to clarify and restrict how artificial intelligence systems can be used in Virginia.
Adds language requiring AI systems made available for commercial use in Virginia to be publicly accessible.
Removes references to using or deploying an AI system without substantial modification, focusing on significant changes instead.
Defines 'intentional and substantial modification' as a purposeful change that alters the core aspects of an AI system's design or function.
The amendment text does not provide full context for all its implications, such as enforcement details or specific penalties.
Bill History
2026-02-18House
Left in Committee Appropriations
2026-02-11General Government and Capital Outlay
Subcommittee recommends laying on the table (5-Y 0-N)
2026-02-10General Government and Capital Outlay
Assigned HAPP sub: General Government and Capital Outlay
2026-02-09Communications
Subcommittee recommends reporting with amendment(s) (6-Y 2-N 1-A)
2026-02-09Communications
House subcommittee offered
2026-02-09Communications, Technology and Innovation
Reported from Communications, Technology and Innovation with amendment(s) and referred to Appropriations (14-Y 7-N 1-A)
2026-01-26Communications
Assigned HST sub: Communications
2026-01-13House
Prefiled and ordered printed; Offered 01-14-2026 26104935D
2026-01-13Communications, Technology and Innovation
Referred to Committee on Communications, Technology and Innovation
Official Summary Text
Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act established.
Establishes the Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act (FAIR AI Act) that requires a developer of a base artificial intelligence model, as defined in the bill, to 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, certain elements related to the artificial intelligence system. The bill creates the FAIR AI Enforcement Fund for the purpose of supporting agency enforcement of artificial intelligence system misuse, bias, and workforce disruption. Finally, the bill limits the defenses available in any criminal or civil action against a defendant that is alleged to have developed, modified, or deployed an artificial intelligence system that caused harm to a plaintiff. The bill has a delayed effective date of July 1, 2027.
Current Bill Text
Read the full stored bill text
HB 713
COMMUNICATIONS, TECHNOLOGY AND INNOVATION
1. Line 26, introduced, after
relationships,
insert
made publicly available in the Commonwealth for commercial use,
COMMUNICATIONS, TECHNOLOGY AND INNOVATION
2. Line 28, introduced, after
deploys
strike
or uses
COMMUNICATIONS, TECHNOLOGY AND INNOVATION
3. Line 29, introduced, after
system
strike
to make a consequential decision
COMMUNICATIONS, TECHNOLOGY AND INNOVATION
4. Line 30, introduced, after
or
strike
modifies
insert
makes an intentional and substantial modification to
COMMUNICATIONS, TECHNOLOGY AND INNOVATION
5. After line 33, introduced
insert
"Intentional and substantial modification" means a purposeful change to an artificial intelligence system that materially alters the (i) model architecture; (ii) parameters or learned weights; or (iii) training data, training objective, or alignment or safety guardrails such that the system's intended purpose is materially changed.
COMMUNICATIONS, TECHNOLOGY AND INNOVATION
6. Line 62, introduced, after
alleged
strike
to have developed or modified
insert
against a developer of