In one paragraph
Virginia's SB 365 (2026 Regular Session) would create the FAIR AI Act. A developer of a base AI model would have to disclose in its terms of service the model's name, developer, incorporation location, release date and other listed items; the disclosure would not be a defense to liability. Continued to 2027 in committee on February 4, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Not law. If enacted, developers of base AI models offered in Virginia would have to add listed disclosures to their terms of service.
Key provisions
- A developer of a base AI model would have to clearly and conspicuously disclose in its terms of service: model name, developer, location of incorporation, latest release date, training-data update date, supported languages, and a terms-of-service link
- Giving the disclosure would not be a defense to liability for harm to a plaintiff
- Would create the FAIR AI Enforcement Fund to support agency enforcement against AI misuse, bias and workforce disruption
- Would limit defenses available to a defendant alleged to have developed, modified or deployed an AI system that caused harm
- As introduced, delayed effective date of July 1, 2027; Senate committee amendments offered February 4, 2026 would narrow the base-model definition to models made publicly available in Virginia for commercial use
- Status: continued to 2027 in General Laws and Technology on February 4, 2026
Latest legislative action
Feb 4, 2026. Continued to 2027 in General Laws and Technology (14-Y 0-N 1-A)
Sponsors
| Name | Role |
|---|---|
| Bill DeSteph R | Primary |
| Lionell Spruill, Sr. | Primary |
| Richard H. Stuart R | Primary |
| Siobhan S. Dunnavant | Primary |
| Stella G. Pekarsky D | Primary |
Roll call votes
Continued to next session in General Laws and Technology Feb 4, 2026
14 yea0 nay1 otherPassed
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error