(The Center Square) – Two Senate-approved artificial intelligence bills were delayed Monday by a committee in the Virginia House of Delegates after members raised concerns that advancing new state regulations could affect federal broadband funding.
The House Communications, Technology and Innovation Committee voted to carry Senate Bill 796 and Senate Bill 269 over to the 2027 session.
Before discussion, the committee adopted a substitute to SB796. The changes were made at the request of the attorney general’s office to align the bill’s investigative authority with existing processes under the Virginia Consumer Protection Act and the Virginia Consumer Data Protection Act. The substitute also replaced the word “solely” with “primarily” to address concerns from businesses that feared their AI-assisted services could be inadvertently swept into the measure.
SB796, sponsored by Sen. Tara Durant, R-Stafford, would create the Artificial Intelligence Chatbots and Minors Act. The measure applies to chatbot operators with at least 500,000 monthly active users worldwide and excludes internal workplace tools, clinician-supervised systems and customer service platforms.
The bill would require companies to implement safeguards when users show signs of emotional dependence or suicidal ideation, provide crisis resources and, when practicable, attempt to notify emergency services within 24 hours if a user appears to face imminent harm. Operators would also be required to report deaths, suicide attempts or psychiatric emergencies to the attorney general within 15 days.
Violations could carry civil penalties of up to $50,000 per violation, and harmed users or parents could bring civil actions. Chatbots would also be required to disclose that they are not human and provide periodic notices during extended engagement.
Durant said the bill was prompted by incidents involving teenagers and AI companion platforms.
“And I don’t think that our children, these teenagers particularly that are vulnerable, can wait,” she said.
During committee discussion, members referenced a December executive order directing federal agencies to review and potentially challenge state AI laws deemed inconsistent with federal policy. The order also allows broadband funding eligibility under the Broadband Equity, Access, and Deployment program to be conditioned on states not enforcing certain AI regulations.
Del. Michelle Maldonado, D-Manassas, called it “the chilling effect of the AI executive order on state actions.” She said the bills fall within carve-outs listed in the order, including child safety protections, but warned that other states have faced federal scrutiny even when acting within those exceptions.
Maldonado said lawmakers are being placed in an untenable position, weighing broadband connectivity against efforts to safeguard data privacy.
The committee voted to carry SB796 to 2027 and refer it to the Joint Commission on Technology and Science for further study.
Senate Bill 269, sponsored by Sen. Barbara Favola, D-Arlington, would allow licensed mental health providers to use AI to assist in therapy with patient consent while prohibiting AI from independently diagnosing or treating patients.
That bill was carried over without extended discussion after the chairman noted it was cognate to a House bill introduced by Maldonado.
According to fiscal impact statements, SB796 could require hiring one assistant attorney general at an estimated annual cost of $135,766 beginning in fiscal year 2027. SB269 was projected to have minimal absorbable impact.
The carryover delays further consideration of both bills until the 2027 session.
