Lawmakers in Richmond say they’ll create new state regulations for artificial intelligence during the 2027 legislative session. The promise comes after threats from President Donald Trump saw regulation delayed last year.
“We’ve already made the decision that there’s going to be artificial intelligence regulation during the 2027 session,” Chesapeake Democratic Delegate and joint tech committee chair Cliff Hayes told Radio IQ about the future of AI laws for the Commonwealth.
It’s a change from just ahead of the 2026 session, when President Donald Trump signed an executive order threatening federal broadband funds if states regulated the tech. Trump said AI companies quote “must be free to innovate.”
At the time, Hayes said it’s what stopped them from regulating the AI space.
So, what’s changed? When pressed, Hayes was a bit dodgy.
"If I had to sum up the reason why you’re confident in your ability to regulate AI now?" I asked.
"I agree with John Erskine that we have a moral obligation to be intelligent,” Hayes said, quoting the American author.
When asked if the likelihood of a Democrat-controlled Congress in Washington played a part in his decision, or all 140 seats in Virginia's legislature being up for grabs next fall, Hayes again pushed back.
"We can't operate from a posture that being afraid of what might happen at the federal level," he said. "Our job is the safety and welfare of Virginian citizens."
"And if that includes bucking an unpopular president?" I asked.
"We operate from a posture of science," he said, pointing to his own work as a technologist. "I'm not looking to play political football with anybody."
Hayes' comments come as Virginia’s Joint Legislative Audit and Review Commission, a nonpartisan research arm of the legislature, made recommendations for AI regulation Tuesday. Among recommendations from JLARC staffer Drew Dickinson was an acceptable use policy for state employees.
“It sets expectations for responsible use," Dickinson told the committee. "And the absence of such a policy can make it challenging to hold employees accountable for misuse.”
Dickinson also had some other, likely relevant information for the future of AI laws in the Commonwealth: The Division of Legislative Services, the agency that actually writes the language of the laws that get voted on, has "limited technology law expertise," which "may challenge its ability to provide effective guidance on AI legislation."
Dickinson added such expertise is expensive and it may be more cost effective to hire outside counsel.
Hayes, meanwhile, said the 2027 legislative docket would likely include chat bots, children's online safety and privacy online more broadly.
As for concerns about the Trump Administration withholding broadband funds, an August release from the National Telecommunications and Information Administration notes all federal broadband program funding projects had been approved.
When asked if the August approval freed Virginia from Trump’s threats, Hayes said in a text message quote: “I’m happy the administration decided to join us in August on improving the quality of life for Virginians.”
