Del. Irene Shin

Health insurance; coverage for cancer follow-up testing; report. Requires health insurers and other carriers to provide coverage for cancer follow-up testing, as defined in the bill, and prohibits the imposition of deductibles, coinsurance, or any other cost-sharing requirements specifically on cancer follow-up testing. The bill directs the Bureau of Insurance to annually report to the General Assembly on (i) the number of individuals benefiting from the removal of copayments for cancer follow-up testing, (ii) the financial impact on health insurance premiums as a result of the provisions of the bill, and (iii) recommendations for further policy adjustments.

A BILL to amend and reenact § 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607 through 59.1-610, relating to Fair Voice Purchasing Act established; penalties.

Imposition of income tax. Establishes a new income tax bracket beginning on and after January 1, 2025, that taxes income in excess of $1 million at a rate of 10 percent. Currently, all income in excess of $17,000 is taxed at the rate of 5.75 percent. The bill provides that, from the additional revenue generated from such increased tax rate upon income in excess of $1 million, 50 percent will be dedicated to providing additional basic aid funding for public schools, 30 percent will be dedicated to the Child Care Subsidy Program, and 20 percent will be dedicated to the Virginia Housing Trust Fund. The bill contains technical amendments.

Earned income tax credit. Allows eligible low-income taxpayers to claim a refundable income tax credit equal to 20 percent of the federal earned income tax credit claimed that year by the taxpayer for the same taxable year. The bill also states that individuals who would have been entitled to the federal equivalent of this credit but for the fact that the individual, the individual's spouse, or one or more of the individual's children does not have a valid social security number are eligible to claim this credit. Under current law, taxpayers may choose to claim either a nonrefundable tax credit equal to 20 percent of the federal earned income tax credit claimed that year or a refundable tax credit equal to 15 percent of the federal earned income tax credit claimed that year.

Income tax; energy efficient homes tax credits. Authorizes an eligible contractor, defined in the bill, to claim a nonrefundable income tax credit, during taxable years 2025 through 2029, in an amount equal to $1,000 per construction of a qualified new energy efficient home and $2,000 per construction of a zero energy ready home, as those terms are defined in the bill. The bill establishes a maximum credit amount that an eligible contractor may claim per taxable year of $250,000.

Consumer Data Protection Act; Artificial Intelligence Training Data Transparency Act. Allows consumers to authorize a third party, acting on the consumer's behalf, to opt out of the processing of the consumer's personal data. Such authorization may be made using technology that indicates the consumer's intent to opt out, including a browser setting, browser extension, global device setting, or other user-selected universal opt-out mechanism. Where a controller has actual knowledge or willfully disregards that a consumer is an adolescent, defined in the bill as at least 13 years of age but younger than 16 years of age, no controller shall process any personal data collected or collect precise geolocation data from such adolescent without obtaining consent from such adolescent. The bill provides that the Attorney General has discretion regarding whether to provide an opportunity to cure a violation to a controller or processor beginning January 1, 2026. The bill also revises the definitions of "sale of personal data," "sensitive data," and "biometric data." The bill requires a developer of a generative artificial intelligence system or service, defined in the bill, to disclose on the developer's website information about the generative artificial intelligence data set used to train such system or service. A developer shall keep detailed records of the generative artificial intelligence data set used to train a generative artificial intelligence system or service and provide clearly designated and publicly available mechanisms for submissions of Training Data Verification Requests, defined in the bill, and Training Data Deletion Requests, defined in the bill. The bill also prohibits nondisclosure or confidentiality agreements from concealing noncompliance with the bill. The bill allows the Attorney General to offer developers an opportunity to cure noncompliance that is noticed by the Attorney General and provides that a person or entity claiming to be injured due to a violation of such provisions shall be entitled to initiate an action for monetary damages or equitable relief. The provisions of the bill regarding such developers have a delayed effective date of July 1, 2026.

Digital Content Authenticity and Transparency Act established; civil penalty. Requires a developer of an artificial intelligence system or service to apply provenance data to synthetic digital content that is generated by such developer's generative artificial intelligence system or service and requires a developer to make a provenance application tool and a provenance reader available to the public. The bill requires a controller of an online service, product, or feature to retain any available provenance data and requires a capture device to include a provenance application tool by default. The bill grants the Attorney General the exclusive authority to enforce such provisions and impose civil penalties pursuant to the bill. Under certain circumstances, the Attorney General may offer a developer an opportunity to cure a violation before imposing such civil penalties. The bill has a delayed effective date of July 1, 2026.

Department of Medical Assistance Services; reimbursement rates for Early Intervention Program for Infants and Toddlers with Disabilities; work group; report. Directs the Department of Medical Assistance Services to convene a work group of relevant stakeholders to assess and make recommendations related to reimbursement rates for the federal Early Intervention Program for Infants and Toddlers With Disabilities. The bill requires the work group to report its recommendations to the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2025.

Study; Autism Advisory Council; establishment of an autism data dashboard in the Commonwealth; report. Directs the Autism Advisory Council to study and advise the General Assembly on the establishment of an autism data dashboard for the purpose of promoting greater public transparency and access to information and resources on autism spectrum disorders. The Council is directed to submit a report with recommendations for such dashboard's development, including the types of data and resources that should be included, to the Chairs of the House Committee on Appropriations, the House Committee on Health and Human Services, the Senate Committee on Finance and Appropriations, and the Senate Committee on Education and Health no later than November 1, 2025.

Manufacturing, selling, distributing, or possessing flavored nitrous oxide; penalties. Provides that any person who knowingly manufactures, sells, distributes, or possesses with the intent to manufacture, sell, give, or distribute flavored nitrous oxide, when intended for human consumption, is guilty of a Class 5 felony. Under the bill, any person who knowingly possesses flavored nitrous oxide, when intended for human consumption, is guilty of a Class 6 felony. The bill specifies that such prohibition does not apply to nitrous oxide that has been denatured or otherwise rendered unfit for human consumption or to (i) any person or establishment that is licensed to sell, serve, or offer for sale food or drink for human consumption; (ii) any person engaged in the business of selling or distributing catering supplies only or food processing equipment only, or of selling or distributing compressed gases for industrial or medical use that sells or otherwise distributes nitrous oxide in the course of that business; or (iii) any health care professional while engaged in the performance of his official duties.