Employment prohibition exceptions; apprenticeships; children 16 years of age or older. Permits a child 16 years of age or older to serve in an apprenticeship program or other work-based learning experience related to culinary arts or information technology, provided that (i) the child is continuously enrolled in an accredited secondary school, (ii) the child is a registered apprentice, (iii) the child is employed in a work-training program administered under the Board of Education, and (iv) the work being performed is not in violation of federal or state laws. This bill is identical to SB 10.
College student-athletes; biometric data; protections and limitations. Prohibits any private institution of higher education, associate-degree-granting public institution of higher education, or baccalaureate public institution of higher education in the Commonwealth from disclosing to any individual or entity outside of the institution any enrolled student-athlete's biometric data, as defined in the bill, without the prior written consent of the student-athlete. The bill also prohibits any individual or entity from making the possession, use, or ownership of or the rights to any student-athlete's biometric data a condition of any contract with the student-athlete for the use of the student-athlete's name, image, or likeness without the prior written consent of the student-athlete in a writing that is separate and apart from such contract.
Damage or trespass to public services or utilities or critical infrastructure; penalties. Adds the intentional destruction of or damage to any fixture, equipment, or information technology system that is used to provide, process, transmit, or maintain public services, public utilities, cable television, broadband, or other critical infrastructure, as defined in relevant law, to the existing offense of damage or trespass to public services or utilities. The bill contains technical amendments and is identical to HB 317.
Division of Consumer Counsel; duties; artificial intelligence fraud and abuse. Expands the duties of the Division of Consumer Counsel to include establishing mechanisms for receiving and investigating complaints by the Commonwealth's consumers involving emerging technologies, including referring appropriate complaints to the federal, state, and local departments or agencies charged with the enforcement of applicable consumer laws.
Student instruction; internet safety; certain topics. Requires the internet safety component that is integrated into each school division's instructional program as required by its acceptable internet use policy to include instruction on key modern digital safety topics, including online scams, misinformation, and content generated by artificial intelligence.
Elections; political campaign advertisements; synthetic media; penalty. Prohibits electioneering communications containing synthetic media, as those terms are defined in the bill, from being published or broadcast without containing the following conspicuously displayed statement: "This message contains synthetic media that has been altered from its original source or artificially generated and may present conduct or speech that did not occur." The bill creates a civil penalty not to exceed $25,000 for a violation of such prohibition and a Class 1 misdemeanor for a willful violation. The bill permits any registered voter who receives an electioneering communication in violation of this requirement to institute an action for preventative relief to prohibit the publication or dissemination of such electioneering communication, including an application for a permanent or temporary injunction.
Commonwealth of Virginia Innovation Partnership Act; Regional Innovation Fund; Commonwealth Commercialization Fund; matching funds. Provides that, for purposes of the Regional Innovation Fund and the Commonwealth Commercialization Fund, any awards from such funds of $100,000 or less shall not require matching funds.
Virginia Human Rights Act; equal credit opportunities; Virginia Fair Housing Law; nondiscrimination by automated decision systems. Provides that it is an unlawful discriminatory practice for any person to deploy, use, or rely on an automated decision system to make a decision pursuant to the Virginia Human Rights Act, provisions related to equal credit opportunities, or the Virginia Fair Housing Law that results in discrimination or an unlawful disparate impact or that intentionally or knowingly uses variables or data fields that serve as close proxies for protected characteristics. The bill requires a person that deploys, uses, or relies on such a system to (i) disclose the use of such system to any individual who is the subject of such decision; (ii) annually assess such system for bias, disparate impact, and discriminatory outcomes; and (iii) maintain for no fewer than two years from the date a decision is made certain documentation relating to such system.
Employment decisions; automated decision systems; civil penalty. Provides that the Director of the Department of Human Resource Management shall require any state agency that uses an automated decision system as a substantial factor in any employment decision, as those terms are defined in the bill, to (i) ensure that such system and the use of such system complies with federal and state law, (ii) make certain disclosures, (iii) provide an opt-out mechanism, (iv) annually test such system, (v) ensure data security, and (vi) train agency staff on such system. The bill requires the Department and local government employers to establish and publicize a process for applicants for employment and employees to file concerns and complaints regarding the use of automated decision systems in such employment decisions and a process for the investigation and resolution of any such concerns and complaints. The bill also provides that no final employment decision shall be made by an employer without the involvement of a human decision maker, and no employer shall solely use any recommendation or prediction from an automated decision system to make a final employment decision. The bill subjects violating employers to civil penalties.
