Virginia Governor Vetoes Weak AI Legislation

Virginia Gov. Glenn Youngkin vetoed H.B. 2094, a bill that sought to regulate high-risk AI use in significant decision contexts like housing, employment, and health care.

While regulating the use of automated decision systems in these life-altering decisions is an urgent need, this Virginia bill had serious shortcomings that would have rendered it almost meaningless in practice.

Both industry and consumer groups opposed this bill, although for vastly different reasons—industry groups urged the Governor to veto the bill because they argue it will stifle innovation, whereas EPIC and other advocates argued that the bill was so full of loopholes and exemptions that it would not have protected Virginia residents from AI harms.

“The proposed AI bill in Virginia contained too many loopholes and exemptions to adequately protect Virginians from the harms of discriminatory, unproven AI systems, so EPIC was pleased to see it vetoed,” said Kara Williams, EPIC Law Fellow. “States considering AI oversight must not repeat Virginia’s mistakes and ensure that their legislation does not contain loopholes that end up exempting the very AI systems that the law is meant to regulate.”

EPIC is eager to continue working with Virginia lawmakers next year to craft legislation that would protect consumers and workers from discriminatory and unproven AI systems being used to make consequential decisions about them.