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AI Summary
The bill mandates nondiscrimination in automated decision systems, addressing unlawful practices under the Virginia Human Rights Act, equal credit opportunities, and the Virginia Fair Housing Law, and prohibits using proxies for protected characteristics.
Business Impact
If you use AI for credit or housing decisions, you must ensure nondiscrimination by July 1, 2024, or face legal penalties.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
This bill aims to enhance fairness by requiring those using automated decision systems to implement nondiscrimination policies, addressing unlawful practices under key Virginia laws, conduct annual bias assessments, and retain documentation.
Key Provisions
- Applies to any person using automated decision systems to ensure compliance with nondiscrimination, addressing unlawful practices under key Virginia laws.
- Prohibits the use of variables or data fields that serve as close proxies for protected characteristics.
- Requires annual assessments of automated decision systems for bias and discriminatory outcomes.
- Mandates documentation retention for no fewer than two years from the date a decision is made.
Latest Legislative Action
Left in Committee Appropriations
Bill Sponsors (showing 5 of 19)
| Name | Role |
|---|---|
| Bonita G. Anthony D | Primary |
| Joshua G. Cole | Primary |
| Kathy J. Byron | Primary |
| Michelle Lopes Maldonado D | Primary |
| Robert B. Bell | Primary |
Roll Call Votes
Subcommittee recommends laying on the table ·
Feb 11, 2026
5 Yea
0 Nay
2 Other
Passed ✓
Reported from General Laws with substitute ·
Feb 10, 2026
21 Yea
0 Nay
1 Other
Passed ✓
Subcommittee recommends reporting with substitute ·
Feb 5, 2026
8 Yea
2 Nay
Passed ✓
Compliance Checklist
Ensure a natural person reviews any adverse action taken by automated decision systems.
Who: Creditors
Deadline: By January 1, 2027
Penalty: Potential legal action for discrimination
Who: Creditors
Deadline: By January 1, 2027
Penalty: Potential legal action for discrimination
Conduct annual assessments for bias and discriminatory outcomes.
Who: Creditors
Deadline: Annually, starting January 1, 2027
Penalty: Potential legal action for discrimination
Who: Creditors
Deadline: Annually, starting January 1, 2027
Penalty: Potential legal action for discrimination
Maintain documentation related to automated decision systems for two years.
Who: Creditors
Deadline: For two years from the date of decision
Penalty: Potential legal action for non-compliance
Who: Creditors
Deadline: For two years from the date of decision
Penalty: Potential legal action for non-compliance
Full Legal Analysis
The bill requires any person using automated decision systems to establish and maintain policies and procedures to ensure compliance with nondiscrimination, specifically addressing unlawful discriminatory practices under the Virginia Human Rights Act, equal credit opportunities, and the Virginia Fair Housing Law. It prohibits the use of variables or data fields that serve as close proxies for protected characteristics. There is a requirement for annual assessments of these systems for bias, disparate impact, and discriminatory outcomes. Additionally, documentation must be maintained for no fewer than two years from the date a decision is made.
Official Source
Official Bill Text
View HB999 on official legislature website →
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