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SB365 • 2026

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
Pekarsky
Last action
2026-02-04
Official status
Continued
Effective date
Not listed

Plain English Breakdown

The bill summary text does not provide specific penalties for failing to disclose information about AI systems.

Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act

This act requires AI model developers to disclose important information about their systems and sets up rules for handling misuse and harm caused by these systems.

What This Bill Does

  • Requires AI model developers to clearly tell users about the system's features and risks.
  • Creates a fund to help agencies enforce rules against AI misuse, bias, and workforce disruption.
  • Limits legal defenses for developers whose AI systems cause harm.
  • Defines what an 'intentional and substantial modification' of an AI system means.

Who It Names or Affects

  • AI model developers
  • Users of AI models

Terms To Know

Intentional and Substantial Modification
A purposeful change to an AI system that significantly alters its design, parameters, or training data.

Limits and Unknowns

  • The act does not specify all the details of how enforcement will work.
  • It is unclear what specific penalties developers might face for failing to disclose information about their systems.
  • The effective date of July 1, 2027, means there is a delay before these rules start.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SB365ASC1

2026-02-04 • Committee

General Laws and Technology Amendment

Plain English: The amendment modifies the bill to clarify and restrict certain terms related to artificial intelligence systems in Virginia.

  • Adds language requiring AI systems made publicly available for commercial use in Virginia to be included under the new regulations.
  • Removes references to 'uses' and 'modifies' when discussing AI systems, replacing them with a more specific term.
  • Defines 'intentional and substantial modification' as a purposeful change that significantly alters key aspects of an AI system.
  • The amendment text does not provide full context for all changes, which may make some implications unclear without the original bill text.

Bill History

  1. 2026-02-04 General Laws and Technology

    Continued to 2027 in General Laws and Technology (14-Y 0-N 1-A)

  2. 2026-02-04 General Laws and Technology

    Senate committee amendments offered

  3. 2026-01-13 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26104938D

  4. 2026-01-13 General Laws and Technology

    Referred to Committee on General Laws and Technology

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 
SB 365

GENERAL LAWS AND TECHNOLOGY

1. Line 26, introduced, after
relationships,

insert

made publicly available in the Commonwealth for commercial use,

GENERAL LAWS AND TECHNOLOGY

2. Line 28, introduced, after
deploys

strike

or uses

GENERAL LAWS AND TECHNOLOGY

3. Line 29, introduced, after
system

strike

to make a consequential decision

GENERAL LAWS AND TECHNOLOGY

4. Line 30, introduced, after
or

strike

modifies

insert

makes an intentional and substantial modification to

GENERAL LAWS AND TECHNOLOGY

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.

GENERAL LAWS AND TECHNOLOGY

6. Line 62, introduced, after
alleged

strike

to have developed or modified

insert

against a developer of