Bill > HB669

This bill, titled "Impersonation of certain licensed professionals by chatbot; definitions, notice, civil liability," aims to regulate the use of artificial intelligence systems, referred to as "artificial intelligence systems" in the bill, that interact with users. It defines an "artificial intelligence system" broadly as a machine learning-based system that infers from its inputs how to generate outputs that can influence environments, excluding systems used for development, prototyping, research, or basic computer processes. A "deployer" is defined as any entity that owns, operates, or deploys such a system to interact with users in the Commonwealth. The bill prohibits a deployer from making an artificial intelligence system publicly available if it falsely represents itself as a licensed professional or provides professional services that would require a license if performed by a human, covering a wide range of professions including architecture, engineering, medicine, law, and teaching. While the bill initially allowed individuals injured by a deployer's conduct to sue for damages and attorney fees, this version of the bill, as indicated by the provided XML, shifts enforcement to the Attorney General, who will have exclusive authority to investigate and bring actions. Deployers are required to provide clear, conspicuous, and explicit notice to users that they are interacting with an artificial intelligence system, with the text appearing in the same language and a readable font size. However, this notice is not a defense if the system falsely represents itself as a licensed professional or provides unlicensed professional services. The Attorney General must provide 30 days' written notice of alleged violations, and if the deployer cures the violation within that period, no action will be taken. If violations continue or a written statement of cure is breached, the Attorney General can seek injunctions and civil penalties of up to $7,500 per violation, with collected penalties going into a state fund. The Attorney General can also recover investigation and legal expenses. Importantly, this bill explicitly states that it does not provide a basis for a private right of action, meaning individuals cannot sue directly for violations of this section.

Budget and Finance, Business and Industry

https://lis.virginia.gov/bill-details/20261/HB669