Technology (Artificial Intelligence)

Department of Education; artificial intelligence system use in instructional settings; development of AIS safety guidance required; AIS Innovation in Education Pilot Program established; report. Requires the Department of Education, in consultation with school divisions and other relevant stakeholders, to compile information on current uses of artificial intelligence systems (AIS) for student instruction in public schools in the Commonwealth and to establish and post in a publicly accessible location on its website guidance for the safe, ethical, and equitable use of AIS in instructional settings in public elementary and secondary schools. The bill requires each school board to establish, implement, and enforce policies consistent with the guidance developed by the Department in accordance with the provisions of the bill. The bill also directs the Department to establish and oversee the AIS Innovation in Education Pilot Program for the purpose of funding, evaluating, and scaling innovative uses of AIS in public elementary and secondary schools by providing support to school divisions in piloting AIS applications for instruction, tutoring, student engagement, operational efficiency, and teacher support and to submit an annual report to the Chairs of the House Committee on Education and the Senate Committee on Education and Health by December 1. The Pilot Program has an expiration date of July 1, 2030. This bill is identical to SB 394.

Artificial Intelligence Chatbots and Minors Act established; enforcement; civil penalties; individual action. Creates the Artificial Intelligence Chatbots and Minors Act to require a covered entity, defined in the bill, to (i) implement certain reasonable systems and processes, (ii) make reasonable efforts to notify appropriate emergency services or law enforcement if it obtains knowledge that a user faces an imminent risk of death or serious physical injury, and (iii) submit a report to the Attorney General after obtaining knowledge of certain covered incidents, defined in the bill, connected to one or more of its chatbots. The bill also requires an operator, defined in the bill, to disclose the non-human nature of the chatbot to users at certain intervals. The bill authorizes the Attorney General to initiate an action to seek an injunction and civil penalties for violations and also provides an individual civil action for any person harmed by a violation or the parent or legal guardian of a minor harmed by a violation.

Department of Education; artificial intelligence system use in instructional settings; development of AIS safety guidance required; AIS Innovation in Education Pilot Program established; report. Requires the Department of Education, in consultation with school divisions and other relevant stakeholders, to compile information on current uses of artificial intelligence systems (AIS) for student instruction in public schools in the Commonwealth and to establish and post in a publicly accessible location on its website guidance for the safe, ethical, and equitable use of AIS in instructional settings in public elementary and secondary schools. The bill requires each school board to establish, implement, and enforce policies consistent with the guidance developed by the Department in accordance with the provisions of the bill. The bill also directs the Department to establish and oversee the AIS Innovation in Education Pilot Program for the purpose of funding, evaluating, and scaling innovative uses of AIS in public elementary and secondary schools by providing support to school divisions in piloting AIS applications for instruction, tutoring, student engagement, operational efficiency, and teacher support and to submit an annual report to the Chairs of the House Committee on Education and the Senate Committee on Education and Health by December 1. The Pilot Program has an expiration date of July 1, 2030. This bill is identical to HB 1186.

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.

Department of Law; Technology Governance and Coordination Program; report. Directs the Office of the Attorney General to establish a Technology Governance and Coordination Program to support the Commonwealth's response to emergent technologies, including artificial intelligence, algorithmic systems, biometric systems, and automated decision-making tools. The bill requires the Office of the Attorney General to submit an annual report to the Joint Commission on Technology and Science by December 1, 2026.

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.

Joint Commission on Technology and Science; artificial intelligence; independent verification organizations. Directs the Joint Commission on Technology and Science (JCOTS) to evaluate the feasibility and impact of developing a framework for any person or entity seeking to act as an independent verification organization that assesses artificial intelligence models' or applications' adherence to standards reflecting best practices for the prevention of personal injury and property damage. The bill directs JCOTS to submit a report with its recommendations and any findings to the Chairs of the Senate Committees on Finance and Appropriations and General Laws and Technology and the House Committees on Appropriations and Communications, Technology and Innovation by November 1, 2026.  This bill is identical to HB 797.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607 through 59.1-616, relating to digital innovation and infrastructure; establishing rights in digital property and technology resources; requiring risk management policies for critical infrastructure facilities controlled by critical artificial intelligence systems; providing safe harbors; preempting local regulation; and providing for enforcement and remedies.

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.

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.