reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 50 - Electronic Identity Management Act › § 59.1-553. Commercially reasonable security procedures for electronic fund transfers

Use of an identity credential or identity attribute shall satisfy any requirement for a commercially reasonable security or attribution procedure in Title 8.4A, the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), and the Uniform Computer Information Transactions Act (§ 59.1-501.1 et seq.), provided that the identity credential or identity attribute was issued or assigned in accordance with (i) the Commonwealth's identity management standards in place at the time of issuance or assignment, (ii) the terms of any contractual agreement, and (iii) any written rules and policies of the identity trust framework or federation of which the issuer is a member.
2015, cc. 482, 483; 2020, c. 736.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 50 - Electronic Identity Management Act › § 59.1-555. Sovereign immunity

No provisions of this chapter nor any act or omission of a state, regional, or local governmental entity related to the issuance of electronic identity credentials or attributes or the administration or participation in an identity trust framework or federation related to the issuance of electronic identity credentials or attributes shall be deemed a waiver of sovereign immunity to which the governmental entity or its officers, employees, or agents are otherwise entitled.
2015, cc. 482, 483; 2020, c. 736.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-556. Definitions

As used in this chapter, unless the context requires otherwise:
"Confidential information" means information related to the play of a fantasy contest by fantasy contest players obtained as a result of or by virtue of a person's employment.
"Department" means the Department of Agriculture and Consumer Services.
"Entry fee" means cash or cash equivalent that is required to be paid by a fantasy contest participant to a fantasy contest operator in order to participate in a fantasy contest.
"Fantasy contest" includes any online fantasy or simulated game or contest with an entry fee in which (i) the value of all prizes and awards offered to winning participants is established and made known to the participants in advance of the contest; (ii) all winning outcomes reflect the relative knowledge and skill of the participants and shall be determined by accumulated statistical results of the performance of individuals, including athletes in the case of sports events; and (iii) no winning outcome is based on the score, point spread, or any performance of any single actual team or combination of teams or solely on any single performance of an individual athlete or player in any single actual event.
"Fantasy contest operator" or "operator" means a person or entity that offers fantasy contests for a cash prize to members of the public.
"Fantasy contest player" or "player" means a person who participates in a fantasy contest offered by a fantasy contest operator.
"Principal stockholder" means any person who individually or in concert with his spouse and immediate family members beneficially owns or controls, directly or indirectly, 15 percent or more of the equity ownership of a fantasy contest operator or who in concert with his spouse and immediate family members has the power to vote or cause the vote of 15 percent or more of the equity ownership of any such operator.
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-558. Issuance of registration; denial of same

A. The Department shall consider all applications for registration and shall issue a valid registration to an applicant that meets the criteria set forth in this chapter.
B. The Department shall deny registration to any applicant unless it finds that:
1. If the corporation is a stock corporation, such stock is fully paid and nonassessable and has been subscribed and paid for only in cash or property to the exclusion of past services and, if the corporation is a nonstock corporation, that there are at least five members;
2. All principal stockholders or members have submitted to the jurisdiction of the Virginia courts for the purposes of this chapter, and all nonresident principal stockholders or members have designated the Commissioner of the Department as their agent for receipt of process;
3. The applicant's articles of incorporation provide that the corporation may, on vote of a majority of the stockholders or members, purchase at fair market value the entire membership interest of any stockholder or require the resignation of any member who is or becomes unqualified for such position under subsection C; and
4. The applicant meets the criteria established by the Department for the granting of registration.
C. The Department may deny registration to an applicant if it finds that the applicant, or any officer, partner, principal stockholder, or director of the applicant:
1. Has knowingly made a false statement of material fact or has deliberately failed to disclose any information requested;
2. Is or has been found guilty of any illegal, corrupt, or fraudulent act, practice, or conduct in connection with any fantasy contest in this or any other state or has been convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust within the 10 years prior to the date of application for registration;
3. Has at any time knowingly failed to comply with the provisions of this chapter or of any requirements of the Department;
4. Has had a registration or permit to hold or conduct fantasy contests denied for just cause, suspended, or revoked in any other state or country;
5. Has legally defaulted in the payment of any obligation or debt due to the Commonwealth; or
6. Is not qualified to do business in the Commonwealth or is not subject to the jurisdiction of the courts of the Commonwealth.
D. Any operator applying for registration or renewal of a registration may operate during the application period unless the Department has reasonable cause to believe that such operator is or may be in violation of the provisions of this chapter and the Department requires such operator to suspend the operation of any fantasy contest until registration or renewal of registration is issued.
E. The Department shall issue such registration within 60 days of receipt of the application for registration. If the registration is not issued, the Department shall provide the operator with the justification for not issuing such registration with specificity.
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-559. Independent audit required; submission to Department

A registered operator shall (i) annually contract with a certified public accountant to conduct an independent audit, consistent with the standards accepted by the Board of Accountancy; (ii) annually contract with a testing laboratory recognized by the Department to verify compliance with the provisions of subsection D of § 59.1-557; and (iii) submit to the Department a copy of the (a) audit report and (b) report of the testing laboratory as required by clause (ii).
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-560. Powers and duties of Department

A. The Department shall have all powers and duties necessary to carry out the provisions of this chapter. The Department may establish procedures deemed necessary to carry out the provisions of this chapter.
B. Whenever it appears to the Department that any person has violated any provision of this chapter, it may apply to the appropriate circuit court for an injunction against such person. The order granting or refusing such injunction shall be subject to appeal as in other cases in equity.
C. Whenever the Department has reasonable cause to believe that a violation of this chapter may have occurred, the Department, upon its own motion or upon complaint of any person, may investigate any fantasy contest operator to determine whether such operator has violated the provisions of this chapter. In the conduct of such investigation, the Department may:
1. Require or permit any person to file a statement in writing, under oath or otherwise as the Department determines, as to all facts and circumstances concerning the matter to be investigated; and
2. Administer oaths or affirmations and, upon its own motion or upon request of any party, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangibles and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
D. Any proceedings or hearings by the Department under this chapter, where witnesses are subpoenaed and their attendance is required for evidence to be taken or any matter is to be produced to ascertain material evidence, shall take place within the City of Richmond.
E. Upon failure to obey a subpoena and upon reasonable notice to all persons affected thereby, the Department may apply to the Circuit Court of the City of Richmond for an order imposing punishment for contempt of the subpoena or compelling compliance.
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-561. Suspension or revocation of registration

A. After a hearing with 15 days' notice, the Department may suspend or revoke any registration or impose on such operator a monetary penalty of not more than $1,000 for each violation of this chapter, not to exceed $50,000, in any case where a violation of this chapter has been shown by a preponderance of the evidence. The Department may revoke a registration if it finds that facts not known by it at the time it considered the application indicate that such registration should not have been issued.
B. The Department may summarily suspend any registration for a period of not more than seven days pending a hearing and final determination by the Department if the Department determines that a violation of this chapter has occurred and emergency action is required to protect the public health, safety, and welfare. The Department shall (i) schedule a hearing within seven business days after the registration is summarily suspended and (ii) notify the registered operator not less than five business days before the hearing of the date, time, and place of the hearing.
C. If any such registration is suspended or revoked, the Department shall state its reasons for doing so, which shall be entered of record. Such action shall be final unless appealed in accordance with § 59.1-562. Suspension or revocation of a registration issued by the Department for any violation shall not preclude civil liability for such violation.
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-562. Hearing and appeal

Any person aggrieved by a denial of the Department to issue a registration, the suspension or revocation of a registration, the imposition of a fine, or any other action of the Department may seek review of such action in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act in the Circuit Court of the City of Richmond. Further appeals shall also be in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-564. Department to adjust fees; certain transfer of money collected prohibited

A. Nongeneral funds generated by fees collected in accordance with this chapter on behalf of the Department and accounted for and deposited into a special fund by the Commissioner of the Department shall be held exclusively to cover the expenses of the Department in administering this chapter and shall not be transferred to any other agency.
B. Following the close of any biennium, when the account for the Department maintained under this chapter shows expenses allocated to it for the past biennium to be more than 10 percent greater or less than moneys collected on behalf of the Department, it shall revise the fees levied by it for registration and renewal thereof so that the fees are sufficient but not excessive to cover expenses.
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-565. Public inspection of information filed with Department; charges for production

A. Except as provided in subsection B, registrations required to be filed under this chapter shall be open to the public for inspection at such time and under such conditions as the Department may prescribe. A charge not exceeding $1 per page may be made for any copy of such documents as may be furnished to any person by the Department.
B. Reports, data, or documents submitted to the Department pursuant to the audit requirements of § 59.1-559 and records submitted to the Department as part of an application for registration or renewal that contain information about the character or financial responsibility of the operator or its principal stockholders shall be deemed confidential and shall be exempt from disclosure under the Freedom of Information Act (§ 2.2-3700 et seq.).
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-567. Acquisition of interest in fantasy contest operator

A. If any person acquires actual control of a registered operator, such person shall register with the Department in accordance with § 59.1-557.
B. Where any such acquisition of control is without prior approval of the Department, the Department may suspend any registration it has issued to such operator, order compliance with this section, or take such other action as may be appropriate within the authority of the Department.
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-568. Civil penalty

In addition to the provisions of § 59.1-561, any person, firm, corporation, association, agent, or employee who knowingly violates any procedure implemented under subsection D of § 59.1-557 or any other provision of this chapter shall be liable for a civil penalty of not more than $1,000 for each such violation. Such amount shall be recovered in a civil action brought by the Department and be paid into the State Literary Fund.
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-569. Fantasy contests conducted under this chapter not illegal gambling

A. Nothing contained in Article 1 (§ 18.2-325 et seq.) of Chapter 8 of Title 18.2 shall be applicable to a fantasy contest conducted in accordance with this chapter. The award of any prize money for any fantasy contest shall not be deemed to be part of any gaming contract within the purview of § 11-14.
B. This section shall not apply to any sports betting or related activity that is lawful under Article 2 (§ 58.1-4030 et seq.) of Chapter 40 of Title 58.1, which shall be regulated pursuant to such chapter.
2016, cc. 318, 703; 2020, cc. 1218, 1256.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 51 - Fantasy Contests Act › § 59.1-570. Liability imposed by other laws not decreased

Except as provided in § 59.1-569, nothing contained in this chapter shall be construed as making lawful any act or omission that is now unlawful, or as decreasing the liability, civil or criminal, of any person, imposed by existing laws.
2016, cc. 318, 703.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 52 - Humane Cosmetics Act › § 59.1-571. Definitions

As used in this chapter, unless the context requires a different meaning:
"Cosmetic" means any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including, without limitation, personal hygiene products such as deodorant, shampoo, or conditioner.
"Cosmetic animal testing" means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate. Merely reviewing, assessing, or retaining evidence from a cosmetic animal test shall not constitute developing or manufacturing using cosmetic animal testing for purposes of this chapter.
"Cosmetics manufacturer" means any person whose name appears on the label of a cosmetic product pursuant to the requirements of 21 C.F.R. § 701.12.
"Ingredient" has the meaning ascribed to it in 21 C.F.R. § 700.3(e).
2021, Sp. Sess. I, cc. 113, 114.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 52 - Humane Cosmetics Act › § 59.1-572. Prohibited conduct

A. Except as provided in subsection B, no cosmetics manufacturer shall:
1. Conduct or contract for cosmetic animal testing that occurs in the Commonwealth on or after January 1, 2022;
2. Manufacture or import for profit into the Commonwealth any cosmetic or ingredient thereof, if the cosmetics manufacturer knew or reasonably should have known that the cosmetic or any component thereof was developed or manufactured using cosmetic animal testing that was conducted on or after January 1, 2022; or
3. Beginning July 1, 2022, sell or offer for sale within the Commonwealth any cosmetic, if the cosmetics manufacturer knows or reasonably should know that the cosmetic or any component thereof was developed or manufactured using cosmetic animal testing that was conducted on or after January 1, 2022.
B. The prohibitions in subsection A shall not apply to cosmetic animal testing or a cosmetic for which cosmetic animal testing was conducted, if the cosmetic animal testing was conducted:
1. To comply with a requirement of a federal or state regulatory agency and (i) the tested ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function; (ii) a specific human health problem related to the cosmetic or ingredient is substantiated that justifies the need to conduct the cosmetic animal testing, and such testing is supported by a detailed research protocol proposed as the basis for the evaluation of the cosmetic or ingredient; and (iii) there does not exist a method of testing other than cosmetic animal testing that is accepted for the relevant purpose by the federal or state regulatory agency;
2. To comply with a requirement of a regulatory agency of a foreign jurisdiction, so long as no evidence derived from such testing was relied upon to substantiate the safety of a cosmetic sold within Virginia by the cosmetics manufacturer;
3. On any cosmetic or cosmetic ingredient subject to the requirements of Subchapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 351 et seq.); or
4. Pursuant to a requirement of a federal, state, or foreign regulatory agency for a purpose unrelated to cosmetics, provided that either no evidence derived from such testing was relied upon to substantiate the safety of the cosmetic or there is (i) documented evidence of a noncosmetic intent of the test and (ii) a history of use of the ingredient outside of cosmetics for at least 12 months prior to such reliance.
2021, Sp. Sess. I, cc. 113, 114.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 52 - Humane Cosmetics Act › § 59.1-573. Civil penalties

Any person who violates any provision of this chapter is subject to a civil penalty of $5,000 and an additional $1,000 for each day the violation continues. Such penalty shall be collected by the Attorney General and the proceeds shall be deposited into the Literary Fund.
2021, Sp. Sess. I, cc. 113, 114.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 53 - Consumer Data Protection Act › § 59.1-580. Data protection assessments

A. A controller shall conduct and document a data protection assessment of each of the following processing activities involving personal data:
1. The processing of personal data for purposes of targeted advertising;
2. The sale of personal data;
3. The processing of personal data for purposes of profiling, where such profiling presents a reasonably foreseeable risk of (i) unfair or deceptive treatment of, or unlawful disparate impact on, consumers; (ii) financial, physical, or reputational injury to consumers; (iii) a physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers, where such intrusion would be offensive to a reasonable person; or (iv) other substantial injury to consumers;
4. The processing of sensitive data; and
5. Any processing activities involving personal data that present a heightened risk of harm to consumers.
B. Data protection assessments conducted pursuant to subsection A shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks. The use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed, shall be factored into this assessment by the controller.
C. The Attorney General may request, pursuant to a civil investigative demand, that a controller disclose any data protection assessment that is relevant to an investigation conducted by the Attorney General, and the controller shall make the data protection assessment available to the Attorney General. The Attorney General may evaluate the data protection assessment for compliance with the responsibilities set forth in § 59.1-578. Data protection assessments shall be confidential and exempt from public inspection and copying under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The disclosure of a data protection assessment pursuant to a request from the Attorney General shall not constitute a waiver of attorney-client privilege or work product protection with respect to the assessment and any information contained in the assessment.
D. A single data protection assessment may address a comparable set of processing operations that include similar activities.
E. Data protection assessments conducted by a controller for the purpose of compliance with other laws or regulations may comply under this section if the assessments have a reasonably comparable scope and effect.
F. Data protection assessment requirements shall apply to processing activities created or generated after January 1, 2023, and are not retroactive.
2021, Sp. Sess. I, cc. 35, 36.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 53 - Consumer Data Protection Act › § 59.1-581. Processing de-identified data; exemptions

A. The controller in possession of de-identified data shall:
1. Take reasonable measures to ensure that the data cannot be associated with a natural person;
2. Publicly commit to maintaining and using de-identified data without attempting to re-identify the data; and
3. Contractually obligate any recipients of the de-identified data to comply with all provisions of this chapter.
B. Nothing in this chapter shall be construed to (i) require a controller or processor to re-identify de-identified data or pseudonymous data or (ii) maintain data in identifiable form, or collect, obtain, retain, or access any data or technology, in order to be capable of associating an authenticated consumer request with personal data.
C. Nothing in this chapter shall be construed to require a controller or processor to comply with an authenticated consumer rights request, pursuant to § 59.1-577, if all of the following are true:
1. The controller is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data;
2. The controller does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data, or associate the personal data with other personal data about the same specific consumer; and
3. The controller does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted in this section.
D. The consumer rights contained in subdivisions A 1 through 4 of § 59.1-577 and § 59.1-578 shall not apply to pseudonymous data in cases where the controller is able to demonstrate any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing such information.
E. A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any breaches of those contractual commitments.
2021, Sp. Sess. I, cc. 35, 36.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 53 - Consumer Data Protection Act › § 59.1-583. Investigative authority

Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply mutatis mutandis to civil investigative demands issued under this section.
2021, Sp. Sess. I, cc. 35, 36.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 53 - Consumer Data Protection Act › § 59.1-584. Enforcement; civil penalty; expenses

A. The Attorney General shall have exclusive authority to enforce the provisions of this chapter.
B. Prior to initiating any action under this chapter, the Attorney General shall provide a controller or processor 30 days' written notice identifying the specific provisions of this chapter the Attorney General alleges have been or are being violated. If within the 30-day period the controller or processor cures the noticed violation and provides the Attorney General an express written statement that the alleged violations have been cured and that no further violations shall occur, no action shall be initiated against the controller or processor.
C. If a controller or processor continues to violate this chapter following the cure period in subsection B or breaches an express written statement provided to the Attorney General under that subsection, the Attorney General may initiate an action in the name of the Commonwealth and may seek an injunction to restrain any violations of this chapter and civil penalties of up to $7,500 for each violation under this chapter. All civil penalties, expenses, and attorney fees collected pursuant to this chapter shall be paid into the state treasury and credited to the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund.
D. The Attorney General may recover reasonable expenses incurred in investigating and preparing the case, including attorney fees, in any action initiated under this chapter.
E. Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of this chapter or under any other law.
2021, Sp. Sess. I, cc. 35, 36; 2022, cc. 451, 452.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 54 - Fair Food Delivery Act › § 59.1-586. Definitions

As used in this chapter, unless the context requires a different meaning:
"Food delivery platform" means a person that operates a mobile application or other online service to act as an intermediary between consumers and multiple restaurants to submit food orders on behalf of a consumer to a participating restaurant and to arrange for the delivery of the order from the restaurant to the consumer.
"Restaurant" has the same meaning as provided in § 35.1-1 and excludes establishments listed in § 35.1-25.
2021, Sp. Sess. I, c. 485.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 54 - Fair Food Delivery Act › § 59.1-587. Food delivery platform; agreements required

No food delivery platform shall submit an order on behalf of a consumer to a restaurant or arrange for the delivery of an order from a restaurant without first obtaining an agreement with the restaurant expressly authorizing the food delivery platform to submit orders to and deliver food prepared by the restaurant.
2021, Sp. Sess. I, c. 485.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 54 - Fair Food Delivery Act › § 59.1-588. Enforcement; penalties

Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of Chapter 17 (§ 59.1-196 et seq.).
2021, Sp. Sess. I, c. 485.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 55 - Benefits Consortium › § 59.1-589. Definitions

As used in this chapter, unless the context requires a different meaning:
"Benefits consortium" means a trust that is a self-funded MEWA, as defined in § 38.2-3420, and that complies with the conditions set forth in § 59.1-590.
"ERISA" means the federal Employee Retirement Income Security Act of 1974, P.L. 93-406, 88 Stat. 829, as amended.
"Health benefit plan" has the same meaning as in § 38.2-3431.
"Member" means a person that is part of a sponsoring association, that conducts business operations within the Commonwealth, and that employs individuals who reside in the Commonwealth.
"Sponsoring association" has the same meaning as in § 38.2-3431 and includes any wholly owned subsidiary of a sponsoring association.
"Trust" means a trust that (i) is established to accept and hold assets of a health benefit plan in trust in accordance with the terms of the written trust document for the sole purposes of providing medical, prescription drug, dental, and vision benefits and defraying reasonable administrative costs of providing health benefits under a health benefit plan and (ii) complies with the conditions set forth in § 59.1-590.
2022, cc. 404, 405.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 55 - Benefits Consortium › § 59.1-591. Additional requirements

A. The board of trustees established pursuant to subsection B of § 59.1-590 shall (i) operate any health benefit plans in accordance with the fiduciary duties defined in ERISA and (ii) have the power to make and collect special assessments against members and, if any assessment is not timely paid, to enforce collection of such assessment.
B. Each member shall be liable for his allocated share of the liabilities of the sponsoring association under a health benefit plan as determined by the board of trustees.
C. Health benefit plan documents shall have the following statement printed on the first page in size 14-point boldface type:
"This coverage is not insurance and is not offered through an insurance company. This coverage is not required to comply with certain federal market requirements for health insurance, nor is it required to comply with certain state laws for health insurance. Each member shall be liable for his allocated share of the liabilities of the sponsoring association under the health benefit plan as determined by the board of trustees. This means that each member may be responsible for paying an additional sum if the annual premiums present a deficit of funds for the trust. The trust's financial documents shall be available for public inspection at (insert website of where sponsoring association trust documents are posted)."
2022, cc. 404, 405.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 55 - Benefits Consortium › § 59.1-592. Exemptions; license tax

Notwithstanding any other provision of law, a benefits consortium or sponsoring association, by virtue of its sponsorship of a benefits consortium or any health benefit plan, shall not be subject to the following: (i) the provisions of Chapter 17 (§ 38.2-1700 et seq.) of Title 38.2 or any regulations adopted thereunder or (ii) any annual license tax levied pursuant to § 58.1-2501.
2022, cc. 404, 405.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 56 - Genetic Data Privacy › § 59.1-595. Information to be made available to consumers

A. Every direct-to-consumer genetic testing company shall provide to consumers:
1. A summary of the company's (i) policies and procedures related to the collection, use, maintenance, retention, disclosure, transfer, deletion, and security of and access to genetic data and (ii) privacy practices;
2. Information regarding the requirement for express consent for the collection, use, and disclosure of genetic data and the process for revoking express consent pursuant to § 59.1-596;
3. Notice that a consumer's deidentified genetic or phenotypic data may be shared with or disclosed to third parties for research purposes in accordance with 45 C.F.R. Part 46; and
4. Information about the process by which a consumer may file a complaint alleging a violation of this chapter.
B. Information required to be made available pursuant to subsection A shall be written in plain language and shall be provided to consumers together with any genetic testing product provided to consumers. Such information shall also be included on any website maintained by the direct-to-consumer genetic testing company in a manner that is easily accessible by the public.
2023, c. 526.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 56 - Genetic Data Privacy › § 59.1-597. Other requirements applicable to direct-to-consumer genetic testing companies

Every direct-to-consumer genetic testing company shall:
1. Implement and maintain reasonable security procedures and practices to protect a consumer's genetic data against unauthorized access, destruction, use, modification, or disclosure; and
2. Develop procedures and practices to allow a consumer to easily (i) access the consumer's genetic data; (ii) delete the consumer's genetic data, except any data required by state or federal law to be retained by the direct-to-consumer genetic testing company and any account the consumer may have created with the direct-to-consumer genetic testing company; and (iii) revoke express consent to storage of the consumer's biological sample and request destruction of such biological sample.
2023, c. 526.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 56 - Genetic Data Privacy › § 59.1-598. Contracts with service providers

A. Every direct-to-consumer genetic testing company that enters into a contract with a service provider shall prohibit the service provider from retaining, using, or disclosing the biological sample, extracted genetic material, genetic data, or any information regarding the identity of the consumer, including whether the consumer has solicited or received genetic testing, as applicable, for any purpose other than for the specific purpose of performing the services specified in the contract with the service provider for the business.
B. Every contract between a direct-to-consumer genetic testing company and a service provider shall include:
1. A provision prohibiting the service provider from retaining, using, or disclosing the biological sample, extracted genetic material, genetic data, or any information regarding the identity of the consumer, including whether the consumer has solicited or received genetic testing, as applicable, for a commercial purpose other than providing the services specified in the contract with the service provider with the business; and
2. A provision prohibiting the service provider from associating or combining the biological sample, extracted genetic material, genetic data, or any information regarding the identity of the consumer, including whether the consumer has solicited or received genetic testing, as applicable, with information the service provider has received from or on behalf of another person or has collected from its own interaction with consumers or as required by law.
2023, c. 526.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 56 - Genetic Data Privacy › § 59.1-599. Certain disclosures of genetic data prohibited

No direct-to-consumer genetic testing company shall disclose a consumer's genetic data to any entity that is responsible for administering or making decisions regarding health insurance, life insurance, long-term care insurance, disability insurance, or employment or any entity that provides advice to such an entity without the consumer's express consent.
2023, c. 526.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 56 - Genetic Data Privacy › § 59.1-600. Discrimination prohibited

No person or public entity shall discriminate against a consumer on the grounds that the consumer has exercised any of the rights granted by this chapter with regard to:
1. Providing or denying any good, service, or benefit to the consumer;
2. Charging any different price or rate for any good or service provided to the consumer, including through the use of discounts or other incentives or imposition of penalties;
3. Providing a different level or quality of goods, services, or benefits to the consumer;
4. Suggesting that the consumer will receive a different price or rate for goods, services, or benefits or a different level or quality of goods, services, or benefits; or
5. Considering the consumer's exercise of rights pursuant to this chapter as a basis or suspicion of criminal wrongdoing or unlawful conduct.
2023, c. 526.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 56 - Genetic Data Privacy › § 59.1-601. Enforcement; civil penalty

A. The Attorney General shall have exclusive authority to enforce the provisions of this chapter.
B. Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply mutatis mutandis to civil investigative demands issued pursuant to this subsection.
C. Notwithstanding any contrary provision of law, the Attorney General may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth to enjoin any violation of this chapter. The circuit court having jurisdiction may enjoin such violation notwithstanding the existence of an adequate remedy at law. In any action brought pursuant to this subsection, it shall not be necessary that damages be proved.
D. Any person who violates the provisions of this chapter shall be subject to a civil penalty in an amount not to exceed $1,000 plus reasonable attorney fees, expenses, and court costs, as determined by the court. Any person who willfully violates the provisions of this chapter shall be subject to a civil penalty in an amount not less than $1,000 and not more than $10,000 plus reasonable attorney fees, expenses, and court costs, as determined by the court. Such civil penalties shall be paid into the Literary Fund.
E. Each violation of this chapter shall constitute a separate violation and shall be subject to any civil penalties imposed under this section.
2023, c. 526.
2023 Code of Virginia › Title 59.1 - Trade and Commerce › Chapter 56 - Genetic Data Privacy › § 59.1-602. Limitations

A. The provisions of this chapter shall not reduce a direct-to-consumer genetic testing company's duties, obligations, requirements, or standards under any applicable state and federal laws for the protection of privacy and security.
B. In the event of a conflict between the provisions of this chapter and any other provision of law, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control.
C. Nothing in this chapter shall be construed to affect access to information made available to the public by the consumer.
2023, c. 526.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 1 - General Provisions and Administration › § 60.2-101. Disclosure of social security account number

The Commission shall continue to require disclosure of the social security account number of any individual for any purpose relating to a claim for benefits and for any purpose relating to the provision of employment or employment-related services, including verification of the identity of any individual. Additionally, the Commission shall continue to require any employing unit to disclose the social security account number of any individual who performed services for such employing unit for any purpose relating to the unemployment insurance programs administered by the Commission.
1976, c. 708, § 60.1-22.1; 1986, c. 480.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 1 - General Provisions and Administration › § 60.2-102. Limitations on payment of benefits; nonliability of Commonwealth and Commission

Benefits shall be deemed to be due and payable under this title only to the extent provided in this title and to the extent that moneys are available to the credit of the Unemployment Compensation Fund. Neither the Commonwealth nor the Commission shall be liable for any amount in excess of such sums.
Code 1950, § 60-24; 1968, c. 738, § 60.1-28; 1986, c. 480.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 1 - General Provisions and Administration › § 60.2-103. Contingencies affecting operation of title

A. In the event that Chapter 23 of the Internal Revenue Code (26 U.S.C. § 3301 et seq.) is repealed, amended or otherwise changed by the Congress of the United States, or is finally adjudged invalid or unconstitutional by the Supreme Court of the United States, with the result that no portion of the taxes required by this title can be credited against any tax imposed by Chapter 23 of the Internal Revenue Code (26 U.S.C. § 3301 et seq.), the Governor shall, within sixty days from the date of such repeal, amendment or change, or from the date that such act is so finally adjudged invalid or unconstitutional, by proclamation so state. Upon the issuance of such proclamation, the provisions of this title shall expire by limitation and thereafter have no force and effect, except that the Commission shall thereupon requisition all moneys standing to the credit of the Commonwealth in the Unemployment Trust Fund established by Section 904 of the Social Security Act (42 U.S.C. § 1104). All such moneys so refunded, repaid or returned to the Commonwealth, together with such other money paid to the Commonwealth as taxes under the terms of this title and then held by the Commonwealth, less the cost of making the refund and repayment, shall forthwith be refunded or repaid by the State Treasurer, upon warrants of the Comptroller, issued upon vouchers signed by the Commissioner, or by such other person as the Commissioner may designate for that purpose, to the individual employers, ratably in proportion to the amounts paid by each such employer, who have paid taxes under the terms of this title.
B. In the event that the Secretary of Labor of the United States shall withdraw his approval of this title, with the result that no portion of the taxes required by this title with respect to employment during any year can be credited against any tax imposed by Chapter 23 of the Internal Revenue Code (26 U.S.C. § 3301 et seq.) with respect to employment for such year, the provisions of this title requiring the payment of taxes shall become and remain suspended until such credit can be had.
Code 1950, § 60-25; 1956, c. 440; 1968, c. 738, § 60.1-29; 1986, c. 480.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 1 - General Provisions and Administration › § 60.2-104. Reservation of right to amend or repeal

The General Assembly reserves the right to amend or repeal all or any part of this title at any time. There shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this title or by acts done pursuant thereto shall exist subject to the power of the General Assembly to amend or repeal this title at any time.
Code 1950, § 60-25.1; 1954, c. 203; 1968, c. 738, § 60.1-30; 1986, c. 480.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 1 - General Provisions and Administration › § 60.2-105. Publication and distribution of law, regulations, etc.

The Commission shall cause to be readily available for distribution to the public the text of this title, the Commission's regulations and general rules, its annual reports to the Governor, and any other material the Commission deems relevant and suitable. The Commission shall furnish these materials to any person upon request.
Code 1950, § 60-31; 1968, c. 738, § 60.1-36; 1986, c. 480; 2023, cc. 624, 625.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 1 - General Provisions and Administration › § 60.2-106. Employer to post and maintain posters

Each employer shall post and maintain in places readily accessible to individuals in its services all such posters related to unemployment insurance as furnished it by the Commission.
Code 1950, § 60-48; 1968, c. 738, § 60.1-60; 1977, c. 445; 1986, c. 480.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 1 - General Provisions and Administration › § 60.2-107. Waiver of rights void

Any agreement other than an agreement made pursuant to § 60.2-608 by an individual to waive, release or commute his rights to benefits or any other rights under this title shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's taxes, required under this title from such employer, shall be void. No employer shall directly or indirectly make, require or accept any deduction from wages to finance the employer's taxes required from him, or require or accept any waiver of any right under this title by any individual in his employ. Any employer or officer or agent of any employer who violates any provision of this section shall, for each offense, be guilty of a Class 1 misdemeanor.
Code 1950, § 60-106; 1968, c. 738, § 60.1-123; 1982, c. 237; 1986, c. 480.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 1 - General Provisions and Administration › § 60.2-108. The Commission; appointment, term of office and compensation of Commissioner

The Virginia Employment Commission shall consist of one Commissioner, who shall be appointed by the Governor for a term of four years, subject to confirmation by the General Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session. Appointments to fill vacancies shall be for the unexpired terms. The Commissioner may be suspended or removed by the Governor at his pleasure, and he shall receive such compensation as may be provided in accordance with law.
Code 1950, § 60-26; 1960, c. 136; 1968, c. 738, § 60.1-31; 1986, c. 480.
2023 Code of Virginia › Title 60.2 - Unemployment Compensation › Chapter 1 - General Provisions and Administration › § 60.2-109. Bond of Commissioner

The Commissioner shall be bonded in accordance with § 2.2-1840, conditioned upon the faithful discharge of his duties.
Code 1950, § 60-27; 1968, c. 738, § 60.1-32; 1986, c. 480; 2021, Sp. Sess. I, c. 152.