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Proposed State Privacy Law Update: March 7, 2022 – Privacy | #itsecurity | #infosec | #hacking | #aihp



Keypoint: This week the Utah legislature passed the
Utah Consumer Privacy Act, the Florida House passed HB 9, there was
activity with bills in Connecticut, Nebraska and Washington, and
Virginia lawmakers have now passed four VCDPA amendment
bills.

Below is our eighth weekly update on the status of proposed
state privacy legislation in 2022. Before we get to our update, we
wanted to provide two reminders.

First, we regularly update our 2022 State Privacy Law Tracker to keep
pace with the latest developments with CCPA-like privacy bills. We
encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and
subject to change. If you are not already subscribed to our blog, consider doing so to
stay updated. If you are interested in tracking developments
between blog posts, consider following on LinkedIn and/or Twitter.

Table of Contents

  1. What’s New?
  2. Upcoming Hearings
  3. CCPA-Like Privacy Bills
  4. VCDPA Amendments
  5. Biometric Privacy Bills
  6. Data Broker Bills
  7. Other Bills

1. What’s New?

The lead story this week was the Utah legislature passing the
Utah Consumer Privacy Act (UCPA) (SB 227). As we reported last week, the Utah
Senate unanimously passed the UCPA on February 25, 2022. This week,
the House unanimously passed a slightly amended version of the bill
on March 3, 2022, and the Senate concurred with the amendment the
following day. The bill is currently in the enrollment process. All
told, it took two weeks for the bill to move from introduction
(February 17, 2022) to final passage (March 3, 2022).

After enrollment, the bill will be sent to the Governor who will
have 20 days from adjournment to sign the bill, not sign the bill
(where it becomes law), or veto the bill. For further information
on the UCPA see our blog post 
here.

We also saw movement in Florida with the House passing
Representative McFarland’s HB 9. The bill is now with the Senate
Judiciary Committee. The Judiciary Committee has yet to set a
hearing. With the Florida legislature scheduled to adjourn on
Friday, March 11, 2022, things will need to move fast for HB 9 to
pass this year.

In addition, we saw a flurry of activity with
Washington’s HB 1850. Two weeks ago, we thought the bill
was dead because it did not pass out of the House at the deadline.
However, as we reported last week, the bill was designated as
“necessary to implement the budget” and, therefore, not
subject to the deadline. On February 28, 2022, the bill narrowly
(by one vote) passed out of the House Appropriations Committee but
not before it was significantly amended. The House then relieved
the Rules Committee of further consideration and placed the bill on
second reading. Meanwhile – and even though the bill did not pass
the House – it was scheduled for a committee hearing and executive
session in the Senate. However, on Friday, March 4, 2022, the bill
was removed from those schedules. For a further explanation of what
happened, see the WA People’s Privacy Network’s
tweet 
here (authored by Jon Pincus). The Washington legislature is
scheduled to adjourn on Thursday, March 10, 2022.

In Connecticut, the Joint Committee on General Law held a
nearly four-hour hearing on Senator
Maroney’s SB 6 on March 3, 2022. It is expected
that Senator Maroney will file an amended version of the bill in
the coming days.

In Nebraska, the Banking, Commerce and Insurance Committee held
a hearing on LB 1188 on February 28, 2022. No vote was
taken.

In Indiana, as we reported last week, SB 358 did not meet the deadline for the
third reading of Senate bills in the House. There was no further
movement with the bill this week. The legislature is scheduled to
adjourn on Monday, March 7, 2022.

Similarly, there was no further movement with
Wisconsin’s AB 957. The Wisconsin Assembly passed the bill
on February 23, 2022, but the Senate has yet to schedule it for a
hearing. The Wisconsin legislature adjourns on Thursday, March 10,
2022.

Finally, in Virginia, lawmakers have now passed four bills to
amend the VCDPA. As discussed further below, the bills will add a
new exemption to the VCDPA’s right to delete, repeal the
Consumer Privacy Fund, modify the definition of nonprofit, and add
a new definition of political organization.

2. Upcoming Hearings

We did not identify any hearings for the upcoming week. However,
please note that many hearings are scheduled on short notice, and
it is possible that hearings could be noticed and held this
week.

3. CCPA-Like Privacy Bills

Below is an analysis of the status of proposed bills. For links
to these bills, please see our 2022 State Privacy Law Tracker.

Alaska

Alaska lawmakers are considering three bills – HB
222, HB 159 and SB 116. On February 4, the Alaska House Labor
& Commerce Committee voted 
HB 159 out of committee. The House Judiciary Committee
held a hearing on February 7, 2022. No vote was taken.

Arizona

Representative DeGrazia filed HB2790.

Connecticut

Connecticut Senator James Maroney introduced SB 6 on February 23, 2022. On March 3,
2022, the Joint Committee on General Law held a nearly four-hour
hearing. It is expected that Senator Maroney will file an amended
version of the bill in the coming days.

District of Columbia

Council Chairman Mendelson introduced B24-0451 at the request of the Uniform Law
Commission (ULC). The bill is based on the Uniform Personal Data
Protection Act drafted by the ULC. The bill was referred to
the Committee on Judiciary and Public Safety.

Florida

The Florida House passed Representative McFarland’s HB 9 on March 2, 2022. The bill is now
with the Senate Judiciary Committee. The Judiciary Committee has
yet to set a hearing.

Meanwhile, Senator Bradley’s SB 1864 has not moved since being
introduced in early January.

The Florida legislature closes on March 11, 2022.

Georgia

Georgia lawmakers introduced the Georgia Computer Data Privacy
Act (SB 394) on January 26, 2022. The bill was
assigned to the Senate Committee on Science and Technology.

Hawaii

Hawaii lawmakers introduced four bills: HB 2051, HB2341, SB 2428, and SB 2797. HB 2051 was referred to the House
Committees on Higher Education and Technology, Consumer Protection
& Commerce, and Judiciary and Hawaiian Affairs. The House
Committee on Higher Education & Technology held a hearing on
February 2, 2022 and deferred the bill. SB 2428 and SB 2797 were
referred to the Committees on Commerce and Consumer Protection,
Judiciary, and Ways and Means. HB 2341 was referred to the House
Committees on Higher Education and Technology, Consumer Protection
& Commerce, and Finance.

Indiana

The Indiana Senate passed SB 358 on February 1, 2022. On February
17, 2022, the Indiana House Commerce, Small Business and Economic
Development Committee passed the bill. Nonetheless, the bill did
not receive a second or third House reading by the legislative
deadlines. The Indiana legislature adjourns on March 7, 2022.

Iowa

Lawmakers introduced HSB 674 and SF2208. On February 15, 2022, the Iowa House
Information Technology Committee voted 15-0 for favorable
recommendation of HSB 674. The bill was subsequently introduced
under a different number – HF 2506 – and placed on the calendar.
SF2208 was referred to a Commerce Committee subcommittee.

Kentucky

Senator Westerfield introduced SB 15 on January 13, 2022. On February 15,
2022, the Kentucky Senate Standing Committee on Economic
Development, Tourism and Labor held an informational hearing on the
bill.

On February 24, 2022, lawmakers introduced HB 586. The bill was referred to the Committee
on Committees.

Maine

Senator Rafferty introduced LD 1982 on February 16, 2022. The bill
was referred to the Innovation, Development, Economic Advancement
and Business Committee.

Maryland

Senator Susan Lee pre-filed the Maryland Online Consumer
Protection and Child Safety Act (SB 11) in October. On January 26, 2022, the
Senate Finance Committee held a hearing on the bill.

Massachusetts

The Joint Committee on Advanced Information Technology, the
Internet and Cybersecurity passed an amended version of H.142 / S. 46 out of committee on February 1,
2022. The bill is now filed under S.2687 (the Massachusetts Information
Privacy and Security Act). On February 14, 2022, the bill was
referred to the Senate Ways and Means Committee.

Minnesota

Last year, the Minnesota legislature considered HF 1492, sponsored by Representative Steve
Elkins. Representative Elkins held an informational hearing on the
bill over the summer and will be filing an amended bill.

Mississippi

SB 2330 died in committee.

Nebraska

Senator Michael Flood introduced LB 1188 on January 20, 2022. The bill is
based on the Uniform Law Commission’s model act. The Banking,
Commerce and Insurance Committee held a hearing on February 28,
2022. No vote was taken.

New Jersey

New Jersey lawmakers filed three bills: S332, A505, and A1971.

New York

As shown on our tracker, New York lawmakers are considering a
number of consumer privacy bills in 2022. Of note, the New York
Privacy Act (S 6701A / A 680B) was amended and recommitted in early
January. On February 8, 2022, the New York Senate Consumer Affairs
Committee voted S6701A out of committee. The bill was reported and
committed to the Internet and Technology Committee.

North Carolina

In 2021, Senator Joyce Waddell and others introduced SB569,
the North Carolina Consumer Privacy Act. The bill
was referred to the Committee on Rules and Operations of the
Senate, where it has remained idle. The bill carried over into
2022.

Ohio

The Ohio Personal Privacy Act (HB 376) was introduced on July 13, 2021 and referred to the House
Government Oversight Committee. On February 9, 2022, the Ohio House
Government Oversight Committee voted the bill out of committee. On
February 16, 2022, the status of the bill was changed to
“informally passed.” On February 22, 2022, the bill was
re-referred to the Rules and Reference Committee.

Oklahoma

Oklahoma lawmakers are considering three bills.

HB 1602, which passed the Oklahoma House last
year but stalled in the Senate, carried over to 2022. The bill is
sponsored by Representative Collin Walke. The bill remains in the
Senate Judiciary Committee awaiting a hearing.

Representative Walke filed a second bill in 2022 – HB 2969. On February 16, 2022, HB 2969 passed
the House Technology Committee. Prior to passing, a committee
amendment was filed, striking the prior version of the bill and
replacing it with a version nearly identical to HB 1602. According
to Representative Walke, the difference between the two bills is
that HB 2969 has a higher monetary threshold for applicability
(annual gross revenues of $15 million instead of $10 million).

Finally, Oklahoma Representative O’Donnell
introduced HB 3477. The bill is based on the Uniform Law
Commission’s model act.

Pennsylvania

Pennsylvania lawmakers are considering three bills.

HB 1126 was introduced in 2021 and
referred to the House Consumer Affairs Committee where it remained
idle. The bill will carry over to 2022.

In December 2021, lawmakers introduced a second bill – HB2202. That bill also was referred to the
House Consumer Affairs Committee.

Finally, on January 20, 2022, lawmakers introduced a third bill
– HB 2257 – which also was referred to the
House Consumer Affairs Committee.

The Pennsylvania legislature is open year-round with recesses.
It is set to reconvene on April 1, 2022.

Rhode Island

Lawmakers introduced H7400 on February 9, 2022. The bill was
referred to the House Innovation, Internet and Technology
Committee.

South Carolina

Lawmakers introduced the South Carolina Biometric Data Privacy
Act (H3063) in 2021. The bill was referred to the
House Committee on Labor, Commerce, and Industry where it remained
idle. The bill carried over to the 2022 session.

Tennessee

Asked to comment on the status of proposed privacy legislation,
Tennessee lawmakers indicated that HB1467 will carry over to 2022 and be the
vehicle for such legislation. The text of the bill is not online.
Last year, lawmakers introduced HB 1197.

Utah

Senator Cullimore introduced SB 227 on February 17, 2022. On February
25, 2022, the Utah Senate voted unanimously to pass the bill. The
House unanimously passed a slightly amended version of the bill on
March 3, 2022. The Senate concurred with the amendment the
following day. The Senate President and House Speaker signed the
bill, and it is currently in the enrollment process. The bill will
next be sent to the Governor who will have 20 days from adjournment
to sign the bill, not sign the bill (where it becomes law), or veto
the bill. For further information on the UCPA see our blog
post 
here.

Vermont

Representative Maida Townsend sponsored H.160 in 2021. She confirmed that the bill
carried over to the 2022 session.

On January 11, 2022, Representatives Marcotte and Kimbell
introduced H.570, which was referred to the House Committee on Commerce and Economic
Development.

Washington

HB 1850 is apparently not officially
dead. Although the bill missed the deadline for bills to pass out
of their house of origin, it is being considered necessary to
implement the budget and, therefore, not subject to the deadline.
On February 28, 2022, the bill narrowly (by one vote) passed out of
the House Appropriations Committee but not before it was
significantly amended. The House then relieved the Rules Committee
of further consideration and placed the bill on second reading.
However, it has yet to receive that second reading. Meanwhile – and
even though the bill did not pass the House – it was scheduled for
a committee hearing and executive session in the Senate. However,
on March 4, 2022, it was removed from the schedules of that hearing
and executive session.

Meanwhile, Senator Carlyle’s Washington Privacy Act (SB 5062), which previously was placed on the
Senate Rules “X” file, was moved to the Rules White Sheet
on February 24, 2022.

SB 5813 and HB 1433 have not moved.

The Washington legislature closes on March 10, 2022.

West Virginia

West Virginia lawmakers introduced HB 4454. The bill was assigned to the House
Judiciary Committee. The West Virginia legislature closes on March
12, 2022.

Wisconsin

On February 23, 2022, the Wisconsin Assembly passed AB 957. The bill is now with the
Senate.

Wisconsin lawmakers are also considering SB 957, SB 977 and AB 1050. SB 957 was referred to the Committee
on Government Operations, Legal Review and Consumer Protection. SB
977 was referred to the Committee on Government Operations, Legal
Review and Consumer Protection. AB 1050 was referred to the
Committee on Consumer Protection.

The Wisconsin legislature adjourns on March 10, 2022.

4. VCDPA Amendments

Virginia lawmakers have now passed four bills to amend the
VCDPA.

Lawmakers passed HB 381 and SB 393 on February 25, 2022 and March 4,
2022, respectively. The bills add the following new exemption to
the VCDPA’s right to delete:

A controller that has obtained personal data about a consumer
from a source other than the consumer shall be deemed in compliance
with a consumer’s request to delete such data pursuant to
subdivision A 3 by either (i) retaining a record of the deletion
request and the minimum data necessary for the purpose of ensuring
the consumer’s personal data remains deleted from the
business’s records and not using such retained data for any
other purpose pursuant to the provisions of this chapter or (ii)
opting the consumer out of the processing of such personal data for
any purpose except for those exempted pursuant to the provisions of
this chapter.

Lawmakers also passed SB 534 and HB 714. The bills repeal the Consumer Privacy
Fund and provide that all “civil penalties, expenses, and
attorney fees collected pursuant to [the VCDPA] shall be paid into
the state treasury and credited to the Regulatory, Consumer
Advocacy, Litigation and Enforcement Revolving Trust
Fund.”

The bills also amend the VCDPA’s definition of
“nonprofit organization” to include political
organizations and any organization exempt from taxation under
§ 501(c)(4) of the Internal Revenue Code.” The bills
define political organization as “a party, committee,
association, fund, or other organization, whether or not
incorporated, organized and operated primarily for the purpose of
influencing or attempting to influence the selection, nomination,
election, or appointment of any individual to any federal, state,
or local public office or office in a political organization or the
election of a presidential/vice-presidential elector, whether or
not such individual or elector is selected, nominated, elected, or
appointed.”

According to the Virginia General Assembly’s 
website, the bills will now be sent to the Governor for
approval. The Governor can sign the bills, amend them and return
them to the General Assembly, veto them, or take no action and the
bills will become law.

Finally, HB 1259, which previously passed the House,
appears to have died in the Senate. On March 2, 2022, the Senate
Committee on General Laws and Technology voted to pass by the bill
indefinitely. The bill sought to modify the VCDPA’s treatment
of sensitive data.

The Virginia legislature adjourns on March 12, 2022.

5. Biometric Privacy Bills

The following states are considering BIPA-like biometric
information privacy bills:

California

SB 1189 was introduced on February 18,
2022. It was referred to the Committees on Judiciary and
Appropriation.

Kentucky

HB32 was introduced on January 4, 2022.
The bill was withdrawn on February 28, 2022.

Maine

Lawmakers in Maine introduced a biometric information privacy
bill (LD 1945). The Judiciary Committee held a
hearing on February 22, 2022 and a work session on March 2, 2022.
The legislative website indicates that the bill was not voted out
of committee.

Maryland

Maryland lawmakers are considering HB 259 and SB 335, which are companion bills. The House
Economic Matters Committee held a hearing on February 2, 2022. The Senate
Finance Committee held a hearing on February 9, 2022. No votes
were taken.

Massachusetts

Massachusetts lawmakers are considering S.220. The bill was assigned to the Senate
Committee on Consumer Protection and Professional Licensure. On
February 14, 2022, the bill was incorporated into S.2687.

Missouri

HB 2716 was introduced on February 16,
2022.

New York

New York lawmakers are considering A27 and S1933. A27 was referred to the Assembly
Consumer Affairs and Protection Committee. S1933 was referred to
the Consumer Protection Committee.

West Virginia

HB2064 was introduced on January 12,
2022. The bill was assigned to the House Judiciary Committee. The
West Virginia legislature closes on March 12, 2022.

6. Data Broker Bills

Four states are considering bills to regulate data brokers:

Delaware

Delaware lawmakers are considering HB 262. On January 25, 2022, the House
Technology & Telecommunications Committee held a public hearing
on the bill. The Committee reported the bill favorably out of
committee and the bill was assigned to the appropriations
committee.

Massachusetts

Massachusetts lawmakers are considering S.50. The bill was referred to the Advanced
Information Technology, the Internet and Cybersecurity Committee.
The bill was incorporated into S.2687.

Oregon

Lawmakers in Oregon are considering HB 4017. The bill was passed out of the House
Committee on Business and Labor on February 11 and referred to the
Joint Ways and Means Committee. The Oregon legislature closes on
March 7, 2022.

Washington

As noted in Part 2, Senator Carlyle’s SB 5813 sought to regulate data brokers.
That bill appears to have died.

7. Other Bills

Illinois Senator Thomas Cullerton introduced the Do Not Track
Act (SB 3081) on January 11, 2022.

In Oklahoma, Representative Walke pre-filed the Voice
Recognition Privacy Act of 2022 (HB3009) and a computer algorithm regulation
bill (HB 3011). HB 3009 was referred to the House
Technology Committee. HB 3011 was referred to the Rules
Committee.

West Virginia lawmakers are considering HB 2148, which seeks to impose a general data
mining service tax. The West Virginia legislature closes on March
12, 2022.

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