AI used by state agencies for benefits determination, law enforcement, or public services. Here is what Virginia businesses need to know in 2026.
Virginia has enacted HB 2094 — High-Risk AI Developer and Deployer Act (vetoed 2025-03-24). HB 2094 would have required high-risk AI developers to implement safeguards against algorithmic discrimination. Governor Youngkin vetoed the bill on March 24, 2025; no dedicated AI law currently in effect.
State law does not replace federal law — you must comply with both. These federal rules apply to government ai nationwide:
Virginia's HB 2094 — High-Risk AI Developer and Deployer Act (vetoed 2025-03-24) applies to most businesses with limited exemptions. Even businesses with under 50 employees should review requirements. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Virginia is N/A (vetoed). The law is still developing — monitor for final rules.
Virginia penalties for AI non-compliance: N/A (vetoed). Enforcement is active. The state AG has authority to investigate and fine without prior warning.
Federal law does not currently preempt state AI laws. Virginia's HB 2094 — High-Risk AI Developer and Deployer Act (vetoed 2025-03-24) applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For very high-risk uses like government ai, consider hiring an independent third-party auditor to validate compliance.
Take the free 4-question risk snapshot. See which laws apply, your risk level, and the first actions to take — no signup required.
Take the Free Assessment →